m  MEIAORIAM. 
Am   F.   Lan^e 


Education  Department 


GOVERNMENT  IN 
STATE  AND   NATION 


GOVERNMENT  IN 
STATE  AND  NATION 


BY 

J.   A.  JAMES,  Ph.D. 

mOFESSOR   OF   HISTORY   IN   NORTHWESTERN   UNIVERSITT 


AND 


A.    H.    SANFORD,   M.A. 

PROFESSOR    OF    HISTORY,    STATE    NORMAL   SCHOOL 
STEVENS    POINT,    WISCONSIN 


NEW   YORK 
CHARLES    SCRIBNER^S    SONS 

1905 


OOPTBIGHT,  1901,  BY 

CSAKLES  SCRIBNER'S  SONS 
Published,  November,  1901 


PREFACE 

The  subject-matter  herewith  presented  partially  rep- 
resents the  plan  pursued  by  the  authors  as  teachers  of 
civil  government  for  a  number  of  years  in  secondary 
schools.  A  study  of  the  actual  methods  by  which  the 
affairs  of  government  are  conducted  gives  constant  in- 
terest to  the  work,  and  consequently  the  practical  side 
has  been  emphasized.  Many  problems  besides  those 
presented  in  the  supplementary  questions  may  be 
worked  out  from  the  official  reports. 

Scarcely  a  month  passes  without  the  appearance  in 
the  more  noted  magazines  of  articles  on  phases  of  gov- 
ernmental activity  which  have  permanent  value.  No 
attempt  has  been  made  to  give  references  to  all  of  this 
material  which  has  appeared  during  the  past  ten  years. 
The  ability  of  the  reader  has  been  kept  constantly 
in  mind  and  the  intention  has  been  to  refer  only  to 
such  articles  as  would  be  of  value  to  students  in  high 
schools,  academies,  and  normal  schools. 

We  are  under  especial  obligation  to  some  of  our 
friends  for  their  critical  reading  of  certain  chapters  of 
the  manuscript.  Among  others  whose  aid  we  thus  de- 
sire to  acknowledge  are  :  S.  E.  Sparling,  University  of 
Wisconsin ;  E.  A.  Greenlaw,  Northwestern  University ; 

v 

562530 


vi  Preface 

Victoria  A.  Adams,  Calumet  Higli  School,  Chicago ;  A, 
C.  Shong,  West  Superior  High  School,  Wisconsin  ;  F. 
R  Clow,  State  Normal  School,  Oshkosh,  Wis. ;  H.  W. 
Thurston,  Chicago  Normal  School ;  G.  O.  Virtue,  State 
Normal  School,  Winona,  Minn. ;  E.  C.  Page,  State  Nor- 
mal School,  DeKalb,  111.  ;  and  Arnold  Gesell,  High 
School,  Stevens  Point,  Wis. 

EvANSTON,  June  1,  1901. 


CONTENTS 


FAQB 

Preface, v 

Some  Suggestions  to  Teachers, xi 

Introductory  Chapter, xiii 

PART  I 
LOCAL   GOVERNMENT 

CHAFTSR 

I. — Town  and  County  Government, 1 

II. — State  Governments, 9 

III.— State  Governments  {Continued) 19 

rV.— City  Government, 26 

V. — Elections  and  Party  Government, 48 

VI. — PuBiiio  Finances, 60 

VII.— JuDiciAii  Trials, 70 

VIII. — Chmjitable  and  Penal  Institutions,     ....  79 

IX.— Educational  Systems, 88 

X. — The  Exercise  of  the  Police  Power,    ....  98 

XI. — Labor  Legislation, 107 

vii 


viii  Contents 

PART  n 

THE  NATIONAL   GOVERNMENT 

CHAPTBB  PAGE 

XII. — Steps  Leading  to  Union, 112 

XIII. — The  Constitutionaij  Convention, 123 

XrV. — Organization    of    the    Legislative   Depart- 
ment,   139 

XV. — Powers  and  Duties  of  the  Separate  Houses,  158 

I.  Impeachment, 158 

II.  The  Quorum,  Journal,  and  Freedom  of 

Speech, 160 

XVI. — Procedure  in  Congress, 166 

XVII.— National  Finances, 182 

XVIII. — The  Power  of  Congress  over  Commerce,  .    .  197 

XIX.— Money  of  the  United  States, 206 

I.  Metal  Money  or  Coin, 206 

II.  Paper  Money, 212 

XX. — Other  General  Powers  of  Congress,    .    .    .  222 

I.  Power  of  Naturalization, 222 

II.  The  Postal  System  of  the  United  States,  225 

III.  Copyrights  and  Patents, 229 

IV.  Piracies  and  Felonies, 232 

V.  Military  Powers  of  Congress,    ....  233 

VI.  Location  of  the  Capital, 238 

Vn.  Implied  Powers, 239 


Contents  ix 

CHAPTEB  PAGE 

XXI. — PowEKs  Denied  the  United  States  and  the 

Several  States,       243 

XXII. — The  Executive  Department, 248 

XXIII. — The  Election  op  a  President, 258 

XXIV. — Powers  and  Duties  op  the  President,     .     .  271 

XXV. — The  Cabinet    and   the  Executive  Depart- 
ments,       283 

XXVI.— The  Judiciary, 303 

XXVII. — Eelations  between  the  States,  and  between 
THE  Federal  Government  and  the 
States, 315 

XXVIII.— Territories  and  Public  Lands, 319 

XXIX. — Amendments  to  the  Constitution,    ....  337 

XXX. — Miscellaneous  Provisions, 345 

I.  Debts   Contracted   Under   the   Confed- 
eration,       345 

II.  Oath  of  Office, 345 

XXXI. — The  Kelations  op  States  and  Nation,     .     .  347 

XXXII.— Some  Features  of  International  Law  and 

Arbitration, 352 


X  Contents 

APPENDIX 

PAGB 

A. — Constitution  op  the  United  States  op  Ameeica,  358 

AA. — Articles  op  Conpedekation, 374 

B. — Key  to  Periodical  Literature, 383 

C. — ^Reference  Books, 384 

INDEX, 389 


SOME  SUGGESTIONS  TO  TEACHERS 

We  trust  the  following  observations  may  be  of  value 
to  teachers  in  the  use  of  this  book,  and  at  the  same 
time  answer  certain  questions  which  we  are  assured  will 
arise. 

1.  There  are  but  few  questions  given  on  the  subject- 
matter  of  the  text,  for  each  teacher  will  doubtless  pre- 
fer to  present  the  topics  in  his  own  way.  While  some 
of  the  discussions  and  many  of  the  suggestive  questions 
are  intended  to  make  students  realize  more  completely 
their  duties  as  citizens,  many  more  having  a  local  bear- 
ing will  occur  to  teachers.  "  Topical  outlines  "  are 
omitted,  for  by  the  aid  of  the  marginal  topics  students 
will  be  able  to  make  outlines  for  themselves  which  will 
be  of  vastly  greater  interest  and  value. 

2.  All  teachers  may  not  care  to  use  the  parts  of  the 
book  in  the  same  order,  and  the  arrangement  is  such 
that  either  Local  (Part  I)  or  National  government 
(Part  11)  may  be  studied  first.  In  the  work  on  local 
government,  it  is  not  expected  that  the  student  will 
learn  all  of  the  different  practices  found  in  the  various 
States,  but  that  he  will  compare  them  with  those  of  his 
own  State. 

3.  There  are  more  supplementary  questions  and  ref- 
erences, doubtless,  than  can  be  used  by  any  one  class, 
but  this  will  give  the  teacher  an  opportimity  for  selec- 


xii  Some  Suggestions  to  Teachers 

tion.    A  number  of  the  references  may  be  used  each  day 
by  assigning  special  problems  to  individual  students. 

4.  It  is  scarcely  to  be  hoped  that  all  of  the  books  and 
magazines  mentioned  will  be  found  in  any  high-school 
library,  but  the  need  for  supplementary  reading  is 
being  met  through  the  rapid  increase  of  public  libraries. 
Great  care  has  been  taken  in  selecting  the  books  which 
are  given  in  Appendix  C,  and  by  adding  a  few  of  these 
each  year  a  working  library  on  the  subject  of  Civics 
may  soon  be  secured.  Many  of  the  reports  issued  by 
the  government  may  be  readily  obtained  by  applying 
to  your  Congressman  or  to  the  government  officials. 

5.  Some  teachers  may  have  difficulty  in  securing  the 
periodical  literature.*  In  nearly  every  village  there  are 
persons  who  have  subscribed  for  these  magazines  for  a 
number  of  years  and  would  be  willing  to  present  them 
to  the  school  library. 

*  For  key  to  magazine  literature  see  Appendix  B. 


INTRODUCTORY   CHAPTER 

NEED   OF   GOVERNMENT 

The  control  of  our  actions  by  some  kind  of  govern- 
ment precedes  our  earliest  recollections  ;  this  we  have 
constantly  experienced  in  the  family  and  in  school. 
Wherever  men  live  in  communities  they  are  under  po- 
litical government ;  their  relations  with  one  another  must 
be  regulated  by  well-understood  rules  in  order  that  they 
may  live  and  conduct  business  in  security.  By  means 
of  political  government,  also,  communities  find  it  con- 
venient to  increase  the  comforts  of  Hfe,  as  in  the  build- 
ing of  good  roads  and  streets  ;  they  furnish  themselves 
with  the  means  of  education  and  culture  through  schools 
and  libraries.  For  such  purposes  the  government  of 
town,  village,  and  city  is  of  the  first  importance.  But 
business  and  political  relations  exist  among  commu- 
nities, as  well  as  among  individuals.  Consequently, 
our  local  governments  must  be  supplemented  by  or- 
ganizations that  cover  larger  areas  and  include  many 
communities ;  therefore  the  county  and  State  govern- 
ments are  formed.  For  the  same  reasons,  and  also  for 
reasons  of  which  we  learn  in  the  study  of  United  States 
history,  a  government  for  the  United  States  became  a 
necessity  at  the  very  beginning  of  our  National  life. 

In  these  various  political  organizations  the  plan  of 
ziii 


xiv  Introductory  Chapter 

government  is  the  same.  In  the  first  place,  there  is  al- 
ways the  law-making  body,  prescribing  the  regulations 
to  which  men  must  subject  themselves  if  they  are  to 
live  together  in  harmony.  Again,  because  laws  do  not 
enforce  themselves,  of&cers  are  selected  to  see  that 
these  provisions  are  carried  out.  Finally,  since  men 
frequently  disagree  as  to  the  meaning  of  laws,  and  be- 
cause there  are  always  those  who  wilfully  violate  them 
in  order  to  secure  some  personal  advantage,  courts  are 
established  in  which  the  laws  are  interpreted  and  of- 
fenders are  judged.  We  have,  then,  the  three  depart- 
ments of  government — legislative,  executive,  and  ju- 
dicial. 

The  system  of  local  government  to  which  you  are 
accustomed  did  not  grow  up  spontaneously,  nor  was  it 
established  arbitrarily.  There  are  reasons  to  be  found 
in  history  and  in  the  nature  of  the  environment  which 
explain  many  of  its  details.  The  same  may  be  said  of 
our  State  and  National  systems.  In  consequence,  we 
shall  find  it  advantageous  to  trace  briefly  some  histor- 
ical origins  of  government  in  our  country.  Again,  it  is 
evident  that  no  system  of  human  government  is  perfect. 
In  every  community  the  defects  of  laws  and  their  non- 
enforcement  are  familiar  topics  of  discussion,  while  the 
failures  of  State  and  National  governments  at  certain 
points  are  no  less  conspicuous.  These  are  the  prob- 
lems to  which  our  attention  will  be  directed  in  the 
course  of  our  study. 

For  the  most  part,  however,  it  will  be  our  task  to 
study  government  as  it  now  exists  in  town  and  city. 
State  and  Nation.  We  shall  look  backward  into  history 
only  when  this  is  necessary  for  the  understanding  of 


Introductory  Chapter  xv 

our  present  forms  and  practices.  We  shall  look  for- 
ward to  the  solution  of  a  few  of  the  simpler  problems 
that  now  confront  us.  A  study  of  the  deeper  origins 
and  of  the  more  profound  problems  must  be  postponed 
to  the  years  of  advanced  work  in  college. 


PABT  I 

LOCAL   GOVERNMENT 


CHAPTEK  I 

TOWN    AND    COUNTY    GOVERNMENT 

When,  in  the  seventeenth  century,  Englishmen  made 
settlements  along  the  Atlantic  coast,  some  form  of  lo- 
cal government  became  an  immediate  necessity.  They 
adopted  consequently  the  political  usages  to  v^hich 
they  had  been  accustomed  at  home,  selecting  those 
offices  and  forms  of  procedure  that  seemed  best  adapted 
to  their  needs  and  surroundings.  Because  natural  con- 
ditions and  the  ideas  of  the  settlers  varied  considerably 
in  the  different  colonies,  we  find  several  varieties  of  local 
government  growing  up.  But  since  these  local  govern- 
ments were  all  established  by  Englishmen,  and,  more- 
over, by  Englishmen  of  very  similar  habits  and  social 
grades,  we  find,  on  the  whole,  great  siAiilarity  in  their 
fundamental  features. 

The  most  marked  differences  are  seen  in  a  comparison 
of  local  governments  in  New  England  and  in  Virginia. 
The  settlers  of  New  England  found  themselves  upon  a  New  Eng- 
coast  indented  by  many  bays  and  harbors  ;  the  country  iSons."" 
was  hilly  and  the  soil  stony ;  streams  were  abundant 
but  generally  small,  rapid,  and  unfit  for  navigation  ; 
the  sea  abounded  in  fish  and  the  forests  yielded  excel- 
lent timber.     These  physical   conditions  hindered  the 

1 


2  Town  and  County  Government 

rapid  spread  of  population  over  large  areas  and  offered 
many  inducements  for  the  gathering  of  the  inhabitants 
into  towns.  Moreover,  this  tendency  was  in  accord 
with  the  wishes  of  the  Puritans.  They  desired,  above 
everything,  to  foster  the  religious  life  of  the  little  church 
communities  into  which  they  grouped  themselves. 
They  believed  that  all  settlers  should  take  an  active  part 
in  worship  and  in  the  government  of  the  church,  and 
that  consequently  all  should  live  within  a  short  distance 
of  the  meeting-house. 

Under  these  circumstances  the  New  Englanders  put 
into  practice  those  features  of  the  ancient  English  town- 
ship government  that  were  best  suited  for  governing 
their  little  towns.  Once  a  year,  or  oftener,  the  voters 
assembled  in  town  meeting  to  elect  officers  and  to  en- 
The  town  ^^^gQ  yu.  general  discussion  of  town  affairs.  Here  taxes 
were  levied,  and  the  support  of  the  poor,  the  mainte- 
nance of  highways,  church,  and  school  were  provided 
for.  The  officers  of  the  town  were  the  selectmen,  a 
board  having  general  oversight  of  town  affairs,  the  treas- 
urer, clerk,  constables,  school  committee,  assessors, 
fence  -  viewers,  and  frequently  many  others.  The  re- 
markable features  of  New  England  town  government 
were  the  freedom  with  which  all  matters  of  public  in- 
terest were  discussed  in  the  town  meeting,  and  the  care 
with  which  all  affairs  of  government  were  guarded  by 
officers  and  people  alike.  Early  in  the  history  of  the 
Massachusetts  Bay  Colony  towns  were  grouped  into 
counties,  and  justices  were  appointed  who  held  court  in 
the  towns  of  each  county.  Scarcely  any  but  judicial 
matters  were  intrusted  to  the  county  government.  The 
centre  of  political  life  in  New  England  was  the  town, 
hence  we  have  here  the  town  or  township  type  of  local 
government. 

A  very  different  type   of  local  government  was  de- 


Town  and  County  Government  3 

veloped  in  Virginia.  If  we  contrast  the  physical  geog- 
raphy of  this  section  with  that  of  New  England  we  see 
how  every  inducement  favored  the  scattering  of  popula- 
tion and  the  development  of  great  plantations.  The 
influence  of  tobacco  cultivation  and  of  slavery  was  in 
the  same  direction.  Since  the  desire  for  individual  gain  Virginia 
prompted  most  of  the  settlers,  there  were  no  strong  ties  ernmfnt 
tending  to  bind  the  people  into  compact  communities. 
There  were  scarcely  any  towns  in  Virginia.  Conse- 
quently the  settlers  were  driven  to  select  those  features 
of  English  local  government  that  were  best  adapted  to 
their  sparse  settlements. 

The  local  organization  corresponding  to  the  town  of 
New  England  was  the  parish.  The  vestry,  a  group  of  The  vestry. 
officers  originally  elected  by  the  members  of  a  church, 
was  given  control  of  matters  relating  to  the  church  and 
the  poor.  Other  functions  of  local  government  were 
placed  in  the  hands  of  the  county  court,  a  body  com-  The  county 
posed  of  justices  originally  appointed  by  the  governor 
of  the  colony.  The  county  court  administered  jus- 
tice, but  it  also  had  important  legislative  functions,  for 
it  levied  taxes  for  county  purposes,  maintained  highways, 
and  exercised  general  control  over  such  affairs  of  local 
government  as  were  not  in  charge  of  the  vestry.  Its 
authority  extended  over  the  county,  which  was  some- 
times divided  into  two  or  more  parishes.  The  other 
important  county  officers  were  the  sheriff  (who,  be-  The  county 
sides  being  a  court  official,  was  county  treasurer)  and 
the  lieutenant,  or  commander  of  the  militia.  The  origi- 
nal method  of  appointment  in  both  vestry  and  county 
court  was  changed  so  that  members  came  to  be  chosen 
in  each  case  by  the  body  itself.  Thus  there  appear  the 
two  striking  features  of  Virginia  local  government ;  first, 
the  conduct  of  affairs  by  select  bodies  of  men  without 
the' active  participation  of  the  mass  of  voters;  second, 


4  Toivn  and  County  Government 

the  exercise  of  the  principal  functions  of  local  gov- 
ernment (those  concerning  taxation,  police,  highways, 
judicial  matters,  militia)  by  officers  of  the  county. 

There  is  a  third  point  of  contrast  between  this,  the 

county  system  and  the  town  system  of  New  England. 

Contrasts      In  the  latter  the  towns  sent  deputies  to  the  Colonial 

?heTwo^        Assembly,  while  in  Virginia  members  of  the  House  of 

types.  Burgesses  were  sent  from  the  counties.     In  both  cases 

the  voters  elected  these  officers. 

The  New  England  type  of  local  government  gave  the 
people  much  practical  political  education ;  while  that  of 
Virginia  developed  a  class  of  intelligent,  public- spirited 
leaders.  These  facts  are  of  great  consequence  in  colo- 
nial history,  especially  in  that  period  when  resistance  to 
the  English  Government  made  Massachusetts  and  Vir- 
ginia leaders  in  the  Ke volution. 

The  middle  Atlantic  colonies  present  a  medium  in 
climate,   soil,  and   physical  structure  between  the  ex- 
The  town-     tremes  of  New  England  and  Virginia.     This  is  also  true 
type.  of  the  methods  of  settlement  and  the  occupations  of  the 

people.  Similarly,  the  type  of  local  government  devel- 
oped in  these  colonies  seems  to  be  a  compromise  be- 
tween the  two  types  that  we  have  been  considering.  It 
has  been  called  the  mixed  or  township- county  system  of 
local  government.  Like  New  England,  the  middle  col- 
onies had  both  townships  and  counties,  but  there  was 
a  much  more  equal  division  of  powers  between  these 
units.  At  the  same  time,  the  county  was  not  so  impor- 
tant as  in  Virginia.  In  New  York  the  township  was 
more  prominent  than  the  county,  while  in  Pennsylvania 
county  officers  performed  the  most  important  functions. 
The  colonial  systems  above  described  have  been  much 
modified.  In  New  England  it  has  been  found  conven- 
ient to  enlarge  the  functions  of  the  county  and  to 
diminish  those  of  the  town.     In  Virginia  and  through- 


Town  and  County  Government  5 

out  the  South  the  township  has  become  an  increasingly- 
important  organization.  Still,  in  each  of  these  sections 
the  system  of  local  government  now  in  use  bears  the 
stamp  of  its  origin. 

In  the  Western  States,  the  character  of  local  govern- 
ment has  been  greatly  influenced  by  the  origin  of  the 
settlers.  The  general  trend  of  population,  as  it 
moved  westward  from  the  thirteen  original  States,  was 
along  parallels  of  latitude.  The  three  types  of  local 
government  were  therefore  perpetuated,  in  some  degree, 
in  the  Western  States.  In  the  South  we  find  the  county 
type  prevailing.  Nowhere,  however,  does  the  pure  town 
type  exist,  for  the  Northern  States  all  have  the  mixed 
system.     These  States  may  be  divided  into  two  groups  Local  gov- 

T  11       J  l^  J.      •         •  ernmentin 

accordmg  as  the  town  or  the  county  is  given  more  ex-  the  West. 
tensive  functions.  The  States  in  the  first  group  (Mich- 
igan, Illinois,  Wisconsin,  and  Minnesota)  have  been  in- 
fluenced by  the  examples  of  New  England  and  New 
York.  In  these  States  there  is  the  annual  town  meeting 
of  voters,  where  ofi&cers  are  elected  and  matters  of  town 
government  are  discussed.  We  have  here  the  form  of  a 
pure  democracy.  A  town  board  has  general  charge  of 
town  affairs.  In  the  second  group  (Ohio,  Indiana, 
Kansas,  Missouri,  Nebraska,  Colorado,  Oregon,  and 
California)  the  county  is  of  more  importance  in  local 
government.  There  is  no  town  meeting.  A  town  su- 
pervisor (or  board  of  supervisors  or  trustees)  exercises 
some  powers  that  would  be  exercised  by  the  town  meet- 
ing in  other  States.  But  here  the  county  board  exer- 
cises more  of  such  functions ;  it  has  extensive  powers 
over  the  poor,  health,  highways,  taxation,  etc.  In  all 
the  Northern  States  there  is  a  group  of  other  town 
officers  besides  the  supervisors — clerk,  treasurer,  asses- 
sor, constables,  and  various  minor  officers  and  boards. 
The  legislative  authority  of  the  county  in  both  groups 


6 


Town  and  County  Government 


Commis- 
sioner vs. 
supervisor 
system. 


Villages. 


Cities. 


of  Northern  States  is  the  county  board.  In  the  Southern 
group  the  members  are  elected  at  large  or  from  dis- 
tricts of  the  county.  They  are  few  in  number  and  are 
called  commissioners.  Elsewhere  in  the  North  the 
members  of  the  county  board,  called  supervisors,  are 
elected  to  represent  the  towns,  villages,  and  the  wards 
of  cities.  This  supervisor  system  of  county  government 
originated  in  New  York  in  colonial  times.  The  county 
is  the  basis  of  court  organization;  so  there  is  a  judge, 
a  sheriff,  and  a  clerk  of  the  court.  Frequently  we  find 
several  counties  grouped  into  a  district  or  circuit 
throughout  which  a  single  judge  holds  court  sessions. 

In  some  cases  taxes  are  collected  by  the  sheriff,  but 
generally  there  is  a  county  treasurer.  Other  county 
officers,  most  of  whom  are  elected  by  the  voters,  are  the 
superintendent  of  schools,  the  register  of  deeds,  or 
recorder,  the  surveyor,  and  the  coroner. 

As  population  becomes  dense  in  certain  localities, 
villages  and  cities  are  organized.  Village  government 
is  sometimes  entirely  distinct  from  town  government  ; 
sometimes  it  is  united  with  the  latter  for  general  pur- 
poses, though  sustaining  its  own  officers  for  special 
purposes.  In  either  case  the  governing  body  is  a  board 
with  an  executive  head,  generally  called  the  president.* 

Cities  have  governments  similar  in  general  plan  to 
those  of  villages  ;  but  there  are  more  officers  and  their 
functions  are  more  extensive.  The  conditions  of  city 
life  give  rise  to  new  problems  of  government  to  which 
we  shall  give  attention  in  a  separate  chapter. 

Such,  in  bare  outline,  is  the  organization  of  local 
government  in  the  States  to-day.  In  the  actual  proc- 
esses by  which  local   government  is  carried  on,  towns, 


*  Various  terms  are  in  use.  In  Pennsylvania  there  is  the  borough  with 
a  burgess  at  its  head.  In  Virginia  the  corresponding  organization  ia  the 
town,  with  a  mayor  as  executive  officer. 


Town  and  County  Government  7 

villages,  and  cities  (or  divisions  of  cities  called  wards) 
are  regarded  as  divisions  of  the  county.  Counties  are 
themselves  divisions  of  the  State.  Now,  there  are  some 
activities  of  government  in  which  the  local  units  alone 
are- concerned,  as  in  the  maintenance  of  roads,  streets, 
and  bridges,  and  the  care  of  the  poor.  But  in  many  im- 
portant matters  the  processes  merely  begin  in  the  local 
units  and  are  completed  by  the  action  of  State  officials. 
For  example,  taxation  and  election  processes  involve 
both  local  and  State  governments.  The  same  is  true, 
in  many  cases,  of  the  administration  of  justice  and  the 
maintenance  of  school  systems.  Hence,  it  will  be  neces- 
sary to  take  a  general  view  of  State  government  before 
considering  how  these  operations  are  carried  on. 

Supplementary  Questions  and  References. 

1.  The  following  references  give  the  history  of  local 
government  in  the  colonies  : 

Thwaites,  The  Colonies,  55-58  ;  Fisher,  The  Colonial 
Era,  60,  99,  167  ;  Channing,  The  United  States  of  America, 
37-38  ;  Wilson,  The  State,  449-458  ;  Lodge,  A  Short  History 
of  the  English  Colonies,  48-49,  58-59,  414-417;  Hart,  Forma- 
tion of  the  Union,  11-13  ;  Bryce,  American  Commonwealth, 
I,  561-565  (589-593)  ;*  Bancroft,  History  of  the  United  States, 
I,  285-286,  449. 

For  descriptions  of  local  systems  as  they  are  at  present, 
see  Bryce,  I,  chapters  48  and  49 ;  Wilson,  The  State,  524- 
538. 

2.  Make  a  study  of  a  town :  (1)  With  a  map,  as  to  its 
location,  size,  and  shape,  t  Compare  with  other  towns  in 
the  same  county.  (2)  What  officers  has  the  town?  For 
what  terms  are  they  elected  ?    How  are  they  paid  ?    What 

*  References  to  Bryce  are  given  in  duplicate ;  pages  enclosed  in  paren- 
theses refer  to  the  third  edition,  1896. 

t  In  the  West,  the  Congressional  township,  as  determined  by  the 
United  States  Land  Survey,  frequently  determines  the  boundaries  of  the 
town.    See  pp.  329-332. 


8  Town  and  County  Government 

general  duties  does  each  have  ?  Is  the  town  board  a  legis- 
lative or  an  executive  body  ?  (3)  Is  there  a  town  meeting  ? 
If  so,  what  business  does  it  transact  ?  Did  you  ever  at- 
tend one  ? 

3.  Study  the  organization  of  a  village  government.  In 
what  respects  does  it  differ  from  the  town  government  ? 
Why? 

4.  What  is  the  area  and  population  of  the  county  in 
which  you  live  ?  What  is  the  county  seat  ?  Have  you 
visited  the  county  buildings  ?    Who  has  charge  of  them  ? 

5.  How  many  townships  are  there  in  your  county  ?  Es- 
timate the  total  number  of  local  officers.  How  many  coun- 
ties are  there  in  your  State  ?  Are  they  generally  regular 
or  irregular  in  shape  ?  Compare  counties  of  other  States. 
(See  Atlas.) 

6.  Make  a  list  of  your  county  officers,  the  length  of  term 
and  salary  of  each.    What  are  the  principal  duties  of  each  ? 

7.  Is  the  county  board  elected  on  the  commissioner  plan 
or  the  supervisor  plan? 

8.  To  which  type  of  local  government  does  the  system 
of  your  State  most  nearly  conform  ?  Account  for  its  origin. 

9.  In  some  States  more  than  one  system  of  local  gov- 
ernment is  in  operation.  Account  for  this.  Bryce,  I,  572 
(600-601). 


CHAPTER  II 

STATE  GOVEKNMENTS 

As  town  and  county  governments  in  the  thirteen  col- 
onies were  modelled  upon  ideas  and  practices  derived 
from  England,  so  the  central  government  of  each  colony 
took  form  upon  the  plan  of  England's  central  govern- 
ment. And  this  plan  may  be  seen  to-day  in  the  gov- 
ernments of  our  States  and  in  that  of  the  United  States  : 
all  have  the  division  into  three  departments — legislative, 
executive,  and  judicial — the  legislature  generally  being 
composed  of  two  branches.  There  were  many  varia- 
tions among  the  colonies  in  the  details  of  government, 
but  at  the  time  of  the  Revolution  there  was  one  im- 
portant point  of  likeness :  viz.,  each  had  an  elective 
representative  assembly.  Moreover,  it  had  become 
established  in  practice  that  the  assembly  should  legis-  colonial 
late  upon  matters  affecting  the  internal  welfare  of  the  ^^^^  *  ^"^^^ 
colony,  and  especially  that  it  should  exercise  the  vital 
function  of  levying  taxes.  Thus  was  erected  in  each 
colony  the  form  of  a  free  government,  while  the  habit 
of  self-government  became  established  through  the  neg- 
lect of  England  to  interfere  seriously  with  the  powers 
exercised  by  the  colonial  assemblies. 

We   may  further   analyze   colonial   governments   by 
classifying   them   upon   the   basis   of    the   method   by  ciaesiflca- 
which  the  governor   obtained  his  ofl&ce.      There  were  colonies, 
three  forms:  Republican,  the  people  electing  the  gov- 
ernor  (Connecticut   and   Rhode   Island)  ;    Proprietary, 

9 


10 


State  Governments 


Written 
constitu- 
tions. 


Origin  of 
State  con- 
stitutions. 


Constitu- 
tional 
conven- 
tions. 


the  governor  appointed  by  the  proprietor  (Maryland, 
Pennsylvania,  and  Delaware)  ;  Royal,  the  king  appoint- 
ing the  governor  (the  eight  remaining  colonies). 

The  Revolution  transformed  the  colonies  into  States, 
the  new  State  governments  being  formed  in  1776  and 
the  next  few  years.*  It  was  natural  that  each  of  the 
thirteen  original  States  should  build  its  government 
upon  the  basis  of  a  written  constitution,  for  the 
colonial  assemblies  and  officers  had  become  accus- 
tomed to  exercising  their  powers  under  the  superior 
authority  of  their  charters.  So  in  each  State  a  written 
constitution  seemed  necessary  as  a  fundamental  law, 
outlining  the  framework  of  State  government.  The 
constitution  of  a  State,  then,  is  its  supreme  law,  so  far 
as  purely  State  authority  is  concerned. f  All  laws  must 
conform  to  its  provisions  ;  all  officers  take  oaths  to  sup- 
port it.  The  first  duty  of  the  State  judiciary  is  to  see 
that  all  official  acts  stand  in  conformity  with  it. 

The  States  admitted  into  the  Union  after  the  adoption  of  the 
Federal  Constitution  (1789)  used  that  instrument  as  a  model  to 
some  extent.  But  still  greater  was  the  influence  of  the  old  State 
constitutions  upon  the  settlers  from  the  East  who  were  so  rapidly 
building  the  new  commonwealths  of  the  West.  So,  while  the  con- 
stitutions of  all  the  present  States  show,  by  their  great  similarity, 
their  common  origin,  there  are  variations  that  may  be  traced  back- 
ward along  lines  of  westward  migration  to  their  sources  in  the 
original  States. 

State  constitutions  have  generally  been  made  in  State  conven- 
tions composed  of  delegates  chosen  for  that  purpose.  In  some 
States  new  constitutions  have  been  made  in  this  way  to  supersede 
old  ones.  When  an  entirely  new  constitution  has  not  been  con- 
sidered necessary,  amendments  have  been  adopted  ;  these  have  been 
framed  either  by  the  State  legislature  or  by  a  State  convention.  In 
most  cases,  whether  in  the  adoption  of  a  constitution  or  of  an 

*  Connecticut  and  Rhode  Island  continued  their  charters  in  force  as 
constitutions. 

t  For  the  limitations  of  State  and  National  authority  see  Chapter 
XXX,  Section  II. 


State  Governments  11 

amendment,  a  vote  of  the  people  is  an  important  step  in  the  proc- 
ess.* So  it  may  be  said  that  State  constitutions  proceed  from  the 
people. 

The  contents  of  State  constitutions  may  be  grouped 
Tinder  three  heads.  1.  The  Bill  of  Eights,  which  is  pat- 
terned after  the  earliest  State  constitutions  and  the  first 
eiffht  amendments  to  the  Federal  Constitution.   By  these  Analysis  of 

state 

provisions  the  fundamental  civil  rights  of  citizens  are  se-  constitu- 
cured,  such  as  the  right  of  free  petition  and  assemblage, 
fair  trial  by  jury,  exemption  from  unjust  searches  and 
seizures,  freedom  of  religious  worship,  and  freedom  of 
speech  and  of  the  press.  2.  The  outline  of  the  frame  of 
government,  showing  the  organization  of  the  legislative, 
executive  and  judicial  departments,  with  general  provi- 
sions as  to  their  powers  and  the  manner  in  which  they 
are  to  be  exercised.  3.  Miscellaneous  provisions.  In 
recent  years  there  is  a  marked  tendency  to  increase 
the  number  of  subjects  treated  in  the  State  constitutions 
and  to  make  more  detailed  regulations.  Some  new  con- 
stitutions are  of  much  greater  length  than  the  old  ones, 
and  are  really  general  laws  rather  than  mere  frames  of 
government.  As  a  consequence,  the  powers  of  State 
legislatures  are  curtailed.f 

State  constitutions  confer  all  the  law-making  powers 
upon  the  legislatures.  These  bodies  do  not  attempt  to  The  legis- 
exercise  all  such  powers,  but  delegate  local  authority  to 
other  legislative  bodies  in  school  districts,  villages, 
towns,  cities,  and  counties.  The  county  board  and  the 
city  council,  for  example,  are  legislative  bodies,  but 
they  derive  all  their  powers  from  general  or  special  laws 
framed  by  the  State  legislature.     State  legislatures  are 

*  This  was  not  the  case  in  the  adoption  of  their  constitutions  by  the 
thirteen  original  States  (except  Massachusetts) ;  nor  in  the  adoption  of 
new  constitutions  recently  by  South  Carolina,  Mississippi,  and  Louisiana. 

t  See  discussion  of  limitations  on  legislatures,  pp.  12  and  13. 


12 


State  Governments 


The  com- 
mittee 
Bystem. 


Restric- 
tions upon 
legislat- 
nres. 


invariably  composed  of  two  houses — the  Senate  and  the 
House  of  Representatives  or  Assembly.  The  first  of 
these  houses  has  a  smaller  number  of  members  than  the 
second  ;  the  members  have  longer  terms  than  in  the  lower 
house,  and  the  qualifications  for  membership  may  be 
higher.  Members  of  the  legislature  are  chosen  from 
districts,  and  the  redistricting  of  a  State  is  made  neces- 
sary at  stated  times  by  the  shifting  of  population.  This 
is  done  by  an  apportionment  act.  An  especially  unfair 
apportionment  is  called  a  "gerrymander^'  (see pp.  153, 
154).  In  all  but  six  States  *  the  sessions  of  the  legis- 
lature are  biennial ;  formerly  annual  sessions  were  more 
common.  Methods  of  procedure  are  quite  similar  in  all 
legislatures.  When  a  bill  is  introduced  in  either  house 
it  is  put  at  once  into  the  hands  of  a  committee,  where  it 
remains  until  it  is  reported  back  to  the  house.  In  the 
meantime  the  committee  has  almost  absolute  power  over 
the  bill — to  amend  it  slightly  or  radically,  to  substitute 
a  new  bill  in  its  place,  or  to  neglect  to  report  it.  Only 
a  few  important  bills  are  debated  in  either  house.  The 
passage  by  both  houses  and  signing  by  the  governor  are 
the  necessary  steps  by  which  a  bill  becomes  a  law. 

No  State  constitution  attempts  to  give  a  list  of  the 
powers  of  the  State  legislature,  but  there  is  always  a 
list  of  limitations  upon  its  authority  and  upon  the 
privileges  of  its  members.  These  restrictions  may  be 
grouped  under  several  heads.  1.  They  may  limit  the 
length  of  sessions  and  the  method  of  paying  members. 
2.  Special,  local,  and  private  legislation  are  prohibited 
upon  certain  subjects  (such  as  city  and  corporation 
charters)  and  carefully  guarded  upon  others.  3.  All 
financial  legislation,  such  as  taxation,  and  the  borrowing 
and  appropriation   of   money,  must  be  enacted   under 

*  These  are  South  Carolina,  Massachusetts,  Georgia,  Bhode  Island, 
New  York,  and  New  Jersey. 


State  Governments  13 

close  limitations.  4.  The  exact  procedure  for  passing 
bills  is  prescribed.  All  these,  and  frequently  many 
similar  provisions,  may  be  viewed  in  the  light  of  limita- 
tions upon  the  discretion  of  State  legislatures.  More- 
over, the  tendency  is  to  increase,  rather  than  to  diminish, 
the  number  of  these  restrictions.*  Besides  these,  too, 
statute  books  contain  laws  betraying  the  fact  that 
abuses  have  arisen  in  State  legislatures.  These 
are  laws  intended  to  control  the  practice  of  lobby- 
ing ;  laws  providing  the  severest  penalties  for  bri- 
bery and  blackmail ;  and  laws  that  abolish  the  pass 
system.  All  these  facts  would  seem  to  indicate  that 
legislators  have  sometimes  been  influenced  by  local  and 
private  interests,  when  these  were  opposed  to  the  wel- 
fare of  the  public.  Yet  the  people  cannot  entirely  shift 
the  burden  of  blame  upon  their  representatives,  since 
it  is  within  their  power  to  determine  the  character  of 
those  to  whom  is  delegated  the  business  of  legislation. 
At  the  bottom  it  is  a  question  of  public  morals  and  pub- 
lic spirit  in  each  locality  from  which  a  representative 
is  elected. 

We  are  accustomed  to  speak  of  our  system  as  government  "  by 
the  people " ;  but  it  is  only  in  town  and  school-district  meetings  Represent 
that  all  the  voters  assemble  and  legislate  directly ;  and  even  these  ernm^tT 
meetings  do  not  exist  in  all  sections  of  the  country.  Generally, 
therefore,  law-making  is  a  function  of  representative  bodies,  which 
are  the  village  and  county  boards,  city  councils.  State  legislat- 
ures, and  the  National  Congress.  Hence  we  have  not  a  pure, 
but  a  representative  democracy,  or  a  republic  It  is  interesting  to 
inquire  how  accurately  the  representatives  reflect  the  opinions  of 
the  people.  *  One  method  of  testing  this  is  to  ascertain  whether  the 
members  of  a  legislative  assembly  are  distributed  among  the  po- 
litical parties  in  the  same  proportions  as  the  voters  who  participated 
in  their  election.  Frequently  one  party  has  a  membership  that  is 
entirely  out  of  proportion  to  its  popular  voting  strength.     In  the 

*  Mr.  Bryce  points  out  that  by  these  constitutional  restraints  the 
people  have  put  a  check  upon  their  own  hasty  or  unwise  impulses. 


14  State  Governments 

election  of  1900,  the  State  of  Iowa  elected,  as  its  entire  delegation 
to  the  National  House  of  Representatives,  eJeven  Republicans. 
The  combined  vote  cast  for  them  was  304,302.  For  the  eleven 
Democratic  candidates  212,649  votes  were  cast;  while  the  Prohi- 
bition candidates  received  6,151,  and  the  candidates  of  other 
parties  received  2,826  votes,  the  total  vote  being  525,928.  The 
quota  for  one  Representative  was  47,811.  Hence,  had  the  Con- 
gressional delegation  been  divided  proportionally,  there  would 
have  been  six  Republicans  and  five  Democrats.  In  the  election  of 
1898,  there  were  elected  to  the  Assembly  of  the  Wisconsin  legis- 
lature eighty-one  Republicans  and  nineteen  Democrats.  The  total 
votes  for  candidates  of  the  various  parties  were  as  follows  :  Repub- 
lican, 178,126;  Democratic,  131,290;  People's  Party,  4,475;  Pro- 
hibition, 2,275 ;  Social  Democratic,  1,403;  Social  Labor,  656.  In- 
dependent candidates  received  a  sufficient  number  to  make  the  total 
vote  cast  319,731,  the  quota  for  one  Assemblyman  being  3,197. 
Proportional  representation  would  have  distributed  the  members  as 

Proper-         follows  :     Republican,  56 ;    Democratic,  41 ;     People's   Party,  1 ; 

resentaSon.  Prohibition,  1,  total  99.  The  100th  member  would  go  to  the 
party  whose  vote  gives  the  highest  remainder,  after  division  by 
the  quota.*  The  ordinary  plan  of  district  representation  fre- 
quently results  in  large  minorities  of  voters  being  entirely 
unrepresented. t  Those  who  think  the  fault  should  be  remedied 
advocate  numerous  plans  to  bring  about  "  Proportional  Representa- 
tion." One  such  plan  is  in  operation  in  Illinois,  for  the  election  of 
members  to  the  State  House  of  Representatives.  Each  district  elects 
three  members,  on  a  general  ticket.  The  voter  may  give  one  vote 
to  each  candidate,  or  one  and  a  half  votes  to  each  of  two  candidates, 
or  three  votes  to  a  single  candidate.  The  minority,  by  concentrat- 
ing its  votes  on  one  candidate,  may  elect  him,  when  otherwise  they 
would  not  be  represented. 
It  has  been  stated  that  in  few  instances  do  the  people  assemble 

*  These  illustrations  may  be  extended  by  the  study  of  election  statis- 
tics for  almost  any  representative  assembly.  Many  other  illustrations 
are  given  in  the  best  work  on  Proportional  Representation — the  book 
of  that  title  by  Professor  J.  R.  Commons. 

t  The  diflBculty  is  aggravated  by  the  practice  of  gerrymandering  (see 
pages  153,  154).  It  is  evident  that  the  Republican  advantage  in  Iowa 
and  other  Republican  States  is  balanced,  so  far  as  the  composition  of  the 
House  of  Representatives  is  concerned,  by  a  corresponding  Democratic 
advantage  in  other  States. 


State  Governments  15 

to  legislate  directly.  Yet  we  may  look  upon  the  adoption  and 
amendment  of  constitutions  by  popular  vote  as  legislation  of  a  very 
important  character.  Similarly,  it  is  common  in  local  government 
to  require  that  the  proposition  to  create  a  debt  be  submitted  to 
popular  vote.  The  questions  of  licensing  the  sale  of  liquor  and  of 
adopting  municipal  ownership  are  often  submitted  to  the  voters. 
When  a  town  is  divided  or  a  village  or  city  incorporated,  a  majority 
of  the  voters  must  first  give  consent.  Now,  the  frequent  failure  of 
legislators  really  to  represent  popular  opinions  has  led  to  the  de- 
mand that  the  practice  of  submitting  laws  to  the  people  for  ratifica- 
tion or  rejection  be  extended  to  all  important  matters  of  legislation, 
or  that  such  reference  to  popular  vote  be  made  upon  petition  of  a 
certain  number  of  citizens.  This  plan  is  called  the  "  Referendum."  The  Refer- 
Coupled  with  this  proposed  reform  is  another,  the  "  Initiative,"  ®°  '"^' 
which  contemplates  the  origination  of  laws  by  popular  action.  If  The  Initia- 
a  certain  per  cent,  of  the  total  number  of  voters  petition  for  a  law, 
it  must  be  considered  by  the  legislature,  and  perhaps  be  referred 
to  the  people.  The  adoption  of  the  Initiative  and  the  Referendum 
would  bring  about  Direct  Legislation  in  the  matters  to  which  they 
apply.  This  system  exists  in  Switzerland,  both  in  the  cantons  and 
in  the  national  government.  In  this  country  it  was  adopted  in 
South  Dakota,  by  constitutional  amendment,  in  1898.  Upon  the 
demand  of  five  per  cent,  of  the  voters,  a  proposition  must  be  sub- 
mitted by  the  legislature  to  a  vote  of  the  people.  If  approved,  it 
becomes  a  law.  Any  law  that  has  passed  the  legislature  must  be 
submitted  to  the  voters  for  ratification  if  five  per  cent,  of  them 
demand  it. 

Viewing  State  legislation  as  a  whole,  and  considering 
the  variety  of  conditions  under  which  our  legislatures 
work,  great  uniformity  of  State  laws  is  evident.     These  Spheres  of 

,  1  T  J 1  •       •    1  T  •  1      i!         ^taie  and 

laws  are  based  on  the  same  principles  and  provide  lor  National 
the  same  general  course  of  legal  procedure.  But  it  is  ^^^  ^  ^°^ 
a  fundamental  and  very  wise  feature  of  our  Federal  sys- 
tem that  each  State  is  free  to  regulate,  in  its  own  way, 
the  affairs  with  which  its  citizens  alone  are  concerned. 
For  the  interests  of  the  people  are  most  directly  under 
the  control  of  State  law.  In  but  few  ways  do  we  ordi- 
narily come  into  contact  with  the  National  government. 


16  State  Governments 

But  the  most  important  business  and  social  relations  of 
life — buying  and  selling,  holding,  leasing,  and  inheriting 
property  ;  the  domestic  relations  of  husband  and  wife, 
parent  and  child  ;  the  regulations  necessary  to  make  the 
people  secure  in  health  and  comfort  * — all  these  fall 
within  the  sphere  of  State  government.  Hence  the 
necessity  that  each  State  shall  fit  its  laws  to  local  con- 
ditions. 
Uniformity  Yet  there  are  some  subjects  upon  which  greater  uni- 
legisiation.  formity  is  desirable,  notably  bankruptcy,  divorce,  and 
commercial  law.  In  these  matters  the  great  variety  of 
State  laws  causes  inconvenience  and  even  works  positive 
injury.  It  is  hoped  that  greater  uniformity  of  legisla- 
tion may  be  secured  in  the  future,  without  destroying 
that  freedom  of  legislation  to  suit  local  conditions 
which  forms  one  of  the  wonderful  features  of  our  gov- 
ernmental system. 


Supplementary  Questions  and  References. 

1.  For  fuller  information  concerning  colonial  govern 
ments,  see  Fisher,  Colonial  Era,  208-211 ;  Sloane,  French 
War  and  Revolution,  10-12  ;  Thwaites,  Colonies,  58-63, 
192-193,  271-277 ;  Hart,  Formation  of  the  Union,  5-10, 
13-17,  80-81 ;  Fiske,  Critical  Period,  65-69 ;  Channing, 
United  States  of  America,  26-36,  84-85  ;  Wilson,  The  State, 
458-469. 

2.  Did  colonial  governors  have  the  veto  power  ?  Hart,  9. 
What  was  the  governor's  power  over  sessions  of  the  colonial 
legislature?  Twaites,  59.  What  were  the  relations  of 
colonial  legislatures  to  royal  governors  ?    Fisher,  209-210. 

3.  Were  any  State  constitutions  formed  before  July  4, 
1776  ?    Channing,  84-85.     How  long  did  Connecticut  and 

*  "  Space  would  fail  in  which  to  enumerate  the  particular  items  of  this 
vast  range  of  power.  To  detail  its  parts  would  be  to  catalogue  all  social 
and  business  relationships,  to  set  forth  all  the  foundations  of  law  and 
order."— Wilson,  The  State,  487. 


State  Governments  17 

Rhode  Island  keep  their  charters  as  constitutions  ?    Why 
was  this  ?    Channing,  36. 

4.  What  is  the  history  of  the  framing  of  your  State  con- 
stitution ?  Were  the  framers  influenced  by  the  example  of 
another  State  ?  Compare  the  Declaration  of  Rights  with 
Amendments  I-VIII  of  the  U.  S.  Constitution.  Why 
should  these  provisions  be  included  in  both  State  and 
National  constitutions  ? 

5.  From  your  State  constitution  and  legislative  manual 
get  facts  concerning  the  State  legislature — its  composition, 
sessions,  oflQcers,  etc.  Why  have  two  houses  in  the  legis- 
lature ?  Do  you  think  members  of  the  legislature  should 
be  required  to  live  in  the  districts  they  represent  ? 

6.  What  are  the  rules  governing  apportionments  in  your 
State  ?    Was  the  last  apportionment  fairly  made  ? 

7.  What  is  the  process  by  which  laws  are  enacted  ?  Can 
you  give  reasons  for  the  existence  of  the  committee  system  ? 

8.  In  what  ways  does  the  constitution  place  limitations 
upon  the  State  legislature  ?  Give  reasons  for  each  of  these 
limitations.  Do  they  indicate  popular  distrust  of  the  legis- 
lators ?  If  so,  for  what  reasons  ?  Who  is  responsible  for 
this  condition  ? 

9.  For  general  discussions  of  State  constitutions  and 
governments  see  Bryce,  I,  chapters  36,  37,  38,  40 ;  Hitch- 
cock, American  State  Constitutions ;  Ford,  American 
Citizen's  Manual ;  The  last  constitution  of  South  Carolina, 
Rev.  of  R's,  13  :  66-71  ;  Of  New  York,  Rev.  of  R's,  9  : 
291-295. 

10.  State  legislatures  are  discussed  in  Bryce,  I,  chapter 
40 ;  Legislative  Shortcomings,  Atl.  Mo.,  79  :  366-377 ; 
Pernicious  Activity  of  Legislatures,  Pop.  Sci.  Mo. ,  57  :  266- 
267  ;  Decline  of  State  Legislatures,  Atl.  Mo.,  80  :  42-53  ; 
Menace  of  Legislation,  N.Am.  Rev.,  165  :  240-246;  Uni- 
formity of  State  Laws,  N.  Am.  Rev.,  168  :  84-91. 

11.  Efforts  to  control  the  lobby  are  discussed  in  The 
Nation,  53 :  136  ;  68  :  197  ;  71  :  206-207  ;  New  England  Mag., 
16  :  151-166. 

12.  What  is  blackmail  ?  Why  should  the  giving  of 
passes  and  franks  be  restricted  ? 


13  State  Governments 

13.  Can  you  mention  any  matter  in  which  local  self- 
government  fails  to  bring  good  government  ?  Is  the  proper 
remedy  to  put  this  matter  into  the  hands  of  State  officials  ? 

14.  Proportional  Representation,  Rev.  of  R's,  6  :  541-544  ; 
21  ;  583-585  ;    Outlook,   55  :  342-345  ;    New  England  Mag., 

14  :  382-385  ;  Arena,  7  :  290-297  ;  Atl.  Mo. ,  84  :  529-535. 

15.  Direct  Legislation,  the  Initiative  and  Referendum. 
Wilson,  The  State,  310-312  ;  326-327,  488-490  ;  Bryce,  I, 
chapter  39  ;  Nation,  59  :  193-194  ;  Arena,  17  :  711-721  ;  18  : 
613-627;  22:97-110;  725-739;  24:47-52;  493-505;  25: 
317-323;  Rev.  of  R's,  20:225-226. 


CHAPTER  III 

STATE  GOVERNMENTS   {Continued:) 

The  general  State  laws  prescribe  in  many  particulars 
the  manner  in  which  local  government  shall  be  con- 
ducted ;  as  in  the  conduct  of  elections  and  in  the  proc- 
esses of  taxation  and  judicial  trials.  The  execution  of 
these  laws  in  any  locality  is  in  the  hands  of  the  local 
officers  ;  each  of  them  executes  a  part  of  the  State  laws. 
Indeed,  the  greater  part  of  the  executive  authority  of  Executive 
the  State  is  exercised  by  local  officers.  The  general  ex-  of  th?"^^° 
ecutive  officers  of  the  State  are  the  governor,  secretary  *^^'®' 
of  state,  attorney-general,  treasurer,  and  numerous 
others.  Besides  these,  there  are  often  boards  and  com- 
missions. In  most  States  there  is  a  lieutenant-governor 
who  is  the  presiding  officer  of  the  State  Senate,  but  who 
otherwise  has  few  duties  to  perform.  Like  the  governor, 
he  is  elected  by  the  people  for  a  term  varying*  in  length 
from  one  to  four  years. 

The  powers  and  duties  of  the  governor  may  be  stated 
under  several  heads.  1.  He  reports  to  the  legislature 
upon  the  condition  of  the  State,  and  recommends  legis-  Duties 
lation.  2.  He  has  power  to  convene  the  legislature  in  governor. 
special  session.  3.  In  nearly  all  States  a  bill  must  have 
his  signature  before  it  becomes  a  law.  If  he  vetoes  a 
bill  it  is  returned  to  the  legislature  and  must  be  recon- 
sidered ;  generally,  a  larger  number  than  a  majority  is 
then  required  to  secure  its  passage.  4.  The  power  of 
pardoning,  or  of  lessening  the  punishment  of  criminals 

19 


20  State  Governments 

is  generally  vested  in  the  governor.  In  a  few  States* 
pardon  boards  have  been  created,  either  possessing  this 
power  or  sharing  it  with  the  governor.  5.  He  appoints 
some  minor  state  officers  and  frequently  the  members  of 
boards  and  commissions.  Confirmation  by  the  Senate 
is  sometimes  required  in  these  appointments.  The 
governor  himself  is  often  a  member  ex-officio  (that  is,  by 
virtue  of  his  office)  of  these  boards. 

Besides  these  specific  duties  constitutions  require  the 
governor  to  see  that  the  laws  are  faithfully  executed. 
This  may  mean  that  the  governor  has  oversight  of  the 
way  in  which  some  local  and  State  officers  carry  out  the 
law ;  but  generally  these  officers  are  not  subordinate  to 
the  governor,  and  he  has  no  control  over  their  conduct. 
If,  however,  the  authorities  of  any  locality  are  unable, 
because  of  riot  or  other  public  disorder,  to  carry  on  the 
ordinary  operations  of  government,  they  may  appeal  to 
the  governor  to  assist  them  in  the  execution  of  law. 
The  This  he  does  by  means  of  the  State  militia,  of  which  he 

is  commander-in-chief.  The  presence  of  a  military  force 
may  enable  the  civil  officers  to  restore  order,  or  the 
commanding  officers  of  the  militia  may  temporarily 
supersede  the  civil  authorities. 

In  some  States  the  number  of  State  executive  officers, 
besides  the  governor  and  lieutenant-governor,  is  so 
large  that  these,  with  the  various  boards  and  com- 
missions, are  grouped  together  into  the  administrative 
AdminiB-  department.  The  secretary  of  state  keeps  public 
offlSre.  records,  including  official  acts  of  the  governor  and 
acts  of  the  legislature.  The  State  treasurer  keeps  the 
money  of  the  State.  The  attorney-general  gives  legal 
advice  to  State  officers,  and  is  lawyer  for  the  State  in 
certain  cases.     The  superintendent  of  schools,  or  board 

*  Among  these  are  Maine,  Florida,  New  Hampshire,  New  Jersey, 
Pennsylvania,  and  Illinois. 


State  Governments  21 

of  education,  administers  State  laws  regulating  schools, 
teachers,  and  school  money.  The  auditor  or  comp- 
troller has  duties  in  connection  with  State  finances. 
Other  officers  or  boards  control  the  charitable  and 
penal  institutions  of  the  State,  and  supervise  the 
execution  of  the  law  upon  certain  subjects,  such  as 
health,  railroads,  labor,  insurance  companies,  agricult- 
ure, mines,  public  works.  It  is  customary,  also,  to 
have  boards  of  examiners  who  issue  certificates  to 
persons  competent  to  practise  medicine,  law,  phar- 
macy, or  dentistry.  Diplomas  of  graduation  from 
professional  schools  of  good  reputation  are  accepted 
as  equivalent  to  these  certificates. 

The  protection  and  welfare  of  citizens  depends  in  no  slight 
degree  upon  the  administration  of  law  by  these  officers.  By  their 
action,  abuses  in  a  county  jail  or  poorhouse  may  be  corrected ;  an 
unsound  insurance  company  may  be  compelled  to  withdraw  from 
the  State ;  factory  hands  may  secure  safe  and  comfortable  rooms 
in  which  to  work;  a  contagious  disease  may  be  checked;  local 
officers  may  be  compelled  to  furnish  better  school  facilities  or 
teachers.  Even  the  pleasure  of  citizens  is  frequently  provided 
for  through  fish  commissioners,  who  plant  fish  in  the  rivers,  and 
park  boards,  who  preserve  forests  and  streams  from  injury. 

We  have  now  seen  that  law-making  in  the  State  is 
primarily  a  function  of  the  legislature,  and  that  much 
authority  to  legislate  upon  local  affairs  is  given  to  town, 
village,  and  county  boards  and  to  city  councils.  We  have 
seen  also  that  these  laws  are  enforced  by  local  officers 
and  by  the  State  officers  whose  duties  have  just  been 
discussed.  The  third  department  of  State  and  local 
government  is  the  judiciary.  In  each  State  of  the  Union 
there  is  a  complete  system  of  courts  for  interpreting  and 
applying  local  and  State  laws.  At  the  head  of  the  ju- 
dicial system  there  is  a  supreme  court,  or  court  of  ap- 
peals, to  which  cases  may  be  taken  from  lower  courts  for 


22 


State  Governments 


Judicial 
systems  of 
the  States. 


Popular 
election  of 
judges. 


final  decision.  The  highest  court  is  usually  composed 
of  several  judges,  and  its  jurisdiction  covers  the  entire 
State.  It  may  either  confirm  or  reverse  the  decisions  of 
lower  courts,  or  it  may  order  a  new  trial  of  a  case.  At 
the  bottom  of  the  judicial  system  there  are  justice  courts 
for  hearing  cases  of  minor  importance  arising  in  the 
town,  village,  or  city.  Justices  of  the  peace  preside  over 
these  courts.*  Between  the  highest  and  the  lowest 
courts  there  is  always  one  and  sometimes  there  are  two 
or  three  grades  of  courts.  Each  is  given  jurisdiction 
within  a  certain  district  and  over  a  certain  class  of  cases. 
Each  possesses,  in  addition,  the  right  to  review  and  con- 
trol the  proceedings  and  processes  of  lower  courts.  Fre- 
quently probate  business,  the  settlement  of  the  estates 
of  deceased  persons  and  matters  relating  to  this,  is  given 
to  a  separate  court  called  the  probate  court,  f  In  large 
cities  a  distinct  series  of  courts  becomes  necessary. 

Important  changes  have  come  about  since  the  estab- 
lishment of  the  older  State  governments  in  the  appoint- 
ment and  tenure  of  judicial  officers.  At  that  time  judges 
were  appointed  by  governors  or  elected  by  legislatures, 
and  their  terms  were  for  life  or  during  good  behavior. 
With  few  exceptions  judges  are  now  elected  by  the  peo- 
ple for  comparatively  short  terms.  Many  writers  con- 
demn this  change,  claiming  that  it  has  resulted  in  lower- 
ing the  standard  of  ability  and  integrity  among  judges. 
It  is  said  that  popular  elections  make  it  possible  for  men 
of  strong  political  following,  not  necessarily  the  ablest 
and  most  upright,  to  secure  places  upon  the  bench. 
Others  claim  that  appointment  of  judges  and  life  tenure 
are  undemocratic  ;  that  the  present  methods  are  neces- 
sary to  secure  complete  popular  government.  The  judi- 
cial, no  less  than  the  other  branches  of  government,  it  is 

*In  cities  the  terms  "  police  courts"  and  "  police  justices  "  are  used, 
t  In  New  York  this  is  the  Surrogate's  Court. 


State  Governments  23 

said,  should  be  brought,  through  elections,  into  fre- 
quent contact  with  the  popular  will. 

Some  general  facts  concerning  State  and  local  officers  Some 
are  worthy  of  brief  notice.    Popular  election,  rather  than  considera- 
appointment,  is  the  rule  in  local  units  and  for  the  most 
important  State  offices.     Hence  we  have  frequent  elec- 
tions and  a  corresponding  opportunity  for  popular  in- 
terest in  and  control  of  local  affairs. 

All  important  officers  are  required  to  take  oath  (or  af- 
firmation) to  "  support  the  Constitution  of  the  United 

States  and  the  constitution  of  the  State  of , 

and  faithfully  to  discharge  the  duties  of  the  office  of 
."  Officers  who  have  considerable  responsi- 
bility, and  especially  those  in  whose  custody  money  is 
placed,  are  required  to  furnish  bonds  for  the  faithful 
performance  of  their  duties.  Compensation  of  officers 
is  either  by  salary,  by  fees,  or  by  a  combination  of  both. 
The  removal  of  State  officers  during  their  terms  is  gen- 
erally by  process  of  impeachment.  Appointed  officers 
may  be  removed  by  the  power  appointing  them,  and  in 
some  cases  local  officers  may  be  removed  by  the  gov- 
ernor or  by  some  other  State  or  local  officer. 

As  we  study  the  chapters  that  follow,  it  will  be  well 
to  remember  that  the  source  of  authority  in  local 
government  is  the  State.  The  machinery  of  town,  vil' 
lage,  city,  and  county  governments  is  created  by  State 
law,  which  endows  them  with  all  the  powers  they  pos-  state  and 
sess.  Now  this  makes  possible  the  present  tendency  powers. 
toward  the  extension  of  State  authority  into  local  affairs 
by  way  of  inspection  and  supervision,  and  even  by  State 
control.  Matters  formerly  left  to  local  governments 
entirely  are  being  put  under  State  regulation,  either 
partially  or  completely.  We  shall  find  this  true  in  the 
stricter  supervision  of  public  health  by  State  officials  ; 
also   in   the   control,  now   given   to   State   boards  and 


24 


State  Governments 


Should 
state  func- 
tions be 
extended  ? 


officers,  over  penal  and  charitable  institutions.  It  is 
thought  by  some  that  State  authority  might  be  ex- 
tended with  advantage  to  the  building  of  roads  and  the 
thorough  supervision  of  school  systems.  By  central 
control  in  these  matters,  it  is  argued,  the  services  of  the 
most  capable  officers  might  be  secured ;  the  methods 
employed  would  be  uniform  throughout  the  State,  and 
the  best  methods  would  be  extended  to  every  section. 
But  centralization  of  power  meets  strong  opposition  in 
most  communities.  For  the  exercise  of  local  powers 
by  local  authorities  is  a  fundamental  principle  deeply 
planted  in  the  minds  of  American  citizens.  From  this 
standpoint  it  is  urged  that  the  conduct  of  local  govern- 
ment should  be  placed  in  the  hands  of  officers  who  are 
directly  responsible  to  the  people  most  concerned. 
There  results  a  degree  of  interest  and  of  participation  in 
local  government  that  brings  to  the  people  much  valu- 
able education  in  politics.  This  problem — the  right 
distribution  of  powers  between  State  and  local  govern- 
ments— is  one  that  deserves  attention  from  citizens  who 
expect  to  participate  in  the  governmental  operations 
next  described. 


Supplementary  Questions  and  References. 

1.  Write  in  parallel  columns  the  titles,  names,  terms, 
and  salaries  of  the  executive  and  administrative  officers  of 
your  State.  Make  a  list  of  the  executive  boards  and  com- 
missions. Indicate  whether  these  officers  are  elected  or 
appointed. 

2.  Is  the  pardoning  power  wisely  used  in  your  State? 
(See  N.  Am.  Rev.,  154  :  50-63.)  Has  the  governor  had 
occasion  to  call  out  the  State  militia  ?  Why  should  the 
governor  have  the  veto  power  ? 

3.  The  workings  of  the  executive  department  in  all  its 
branches  may  be  studied  from  the  reports  of  officers  that 
are  printed  by  the  State. 


State  Governments 


25 


4.  Are  there  in  your  State  societies,  semi-official  in 
character,  that  receive  financial  aid  from  the  State  ?  What 
is  the  purpose  for  which  each  society  is  organized  ? 

5.  Outline  the  judicial  system  of  your  State,  giving  the 
names  of  the  courts,  the  composition,  sessions,  and  juris- 
diction of  each.  What  are  the  terms  and  salaries  of  the 
judges  ?  What  are  the  names  of  the  judicial  officers  in 
whom  you  are  most  interested  ? 

6.  Do  you  favor  appointment  or  election  of  judges? 
Short  terms  or  life  tenure?  See  Bryce,  I,  483-489  (504-511). 

7.  Is  there  a  chancery  court  in  your  State  ?  What  matters 
do  chancery  courts  consider  ?  What  is  included  under  the 
term  ' '  probate  business  ? ' ' 

8.  Obtain  blank  forms  for  official  oaths  and  bonds. 

9.  Can  you  give  instances  of  abuses  arising  from  the  fee 
system  ?    In  what  cases  is  this  system  best  ? 

10.  How  are  vacancies  filled  in  the  various  offices  ? 

11.  How  would  you  proceed  to  bring  about  the  removal 
of  a  certain  officer  for  non-performance  of  his  duties  ? 

12.  In  most  States,  the  building  and  maintenance  of  roads 
is  purely  a  local  function.  Is  this  work  successfully  per- 
formed ?  Should  the  States  aid  in  making  good  roads  ? 
Forum,  26  :  668-672  ;  Highway  Construction  in  Massa- 
chusetts, Pop.  Sci.  Mo.,  51  :  73-82. 

13.  Which  excites  most  interest  in  your  locality — local 
State,  or  National  government  ?    Is  this  as  it  should  be  ? 

14.  Compare  local  government  in  the  United  States  with 
the  system  of  France.  Wilson,  The  State,  214-223.  Which 
do  you  prefer  ? 

15.  Make  an  outline  of  the  three  branches  of  government 
in  your  State  on  this  plan  : 


Government. 

Legislative. 

Executive. 

Judicial 

State 

County 

Town 

16.  General  accounts  of  State  governments  are  found  in 
Bryce,  I,  chapters  41,  42,  44,  45  ;  Wilson,  The  State,  500- 
524. 


CHAPTER  IV 

CITY  GOVERNMENT 

The  crowding  together  of  people  in  large  cities  is  the 
result  of  new  industrial  conditions  that  have  come  about 
in  America  since  the  beginning  of  the  nineteenth  cen- 
tury. The  immense  increase  in  the  use  of  machinery 
driven  by  steam  and  electric  power  has  made  possible 
the  modern  factory  system.  Manufacturing  is  no  lon- 
ger a  home  occupation  ;  its  great  establishments  gather 
about  them  the  workmen  whose  numbers  swell  the  city 
populations.  Improvements  in  transportation  methods 
and  means  of  communication  have  developed  commerce, 
and  thus  enhanced  the  importance  of  the  city,  which  is 
the  centre  of  commerce.  The  mere  presence  of  large 
numbers  of  inhabitants  within  a  limited  area  makes  the 
Conditions  conditions  of  human  life  in  a  city  quite  different  from 
°  ^^^  ^  conditions  in  rural  communities.  In  the  city  we  have 
the  poor,  the  ignorant,  and  the  vicious  thickly  populat- 
ing wards  adjacent  to  others  where  wealth  and  culture 
predominate.  Contamination  of  air,  water,  and  food 
threatens  health  on  every  side.  Business  life  in  a  city 
is  remarkable  for  the  energy  with  which  it  is  conducted, 
the  enormous  sums  involved  in  its  transactions,  and  the 
employment  of  workmen  in  great  numbers.  It  is  said 
that  "In  the  jostling  throngs  of  the  city  a  careless  or 
vicious  member  of  society  has  a  hundredfold  more  op- 
portunity to  disturb  the  comfort  and  endanger  the 
health  and  well-being  of  his  fellows  than  in  the  coun- 


City  Government  27 

try."  *  Government  must  fit  itself,  both  in  the  manner 
of  its  organization  and  in  the  execution  of  its  functions, 
to  these  conditions.  We  see,  then,  the  necessity  of  gov- 
ernment on  a  large  scale,  conducted  by  numerous 
officers,  and  involving  the  raising  and  expenditure  of 
vast  sums  of  money.  At  the  same  time,  we  find  the 
entrance  of  governmental  regulation  into  the  minute 
details  of  the  citizen's  life.  We  can  hardly  expect  to 
have  so  much  complicated  political  activity  without 
correspondingly  difficult  problems. 

City  governments  in  the  United  States  are  organized 
upon  the  general  plan  of  the  division  of  powers  among 
legislative,  executive,  and  judicial  branches.  But  the 
details  of  municipal  organization  and  administration  are 
so  various  that  a  general  description  is  almost  impos- 
sible. The  framework  of  a  city's  government  is  pre- 
scribed in  a  special  charter  granted  by  the  State  leg-  The 
islature,  or  in  a  general  State  law.  In  the  latter  case 
some  uniformity  is  secured  among  cities  of  the  same 
size  in  the  same  State. 

The  city  legislature  is  regarded  as  the  most  im- 
portant part  of  its  government.  It  may  be  composed  of 
one  or  of  two  houses.  The  members  are  uniformly  The 
elected,  generally  from  wards ;  where  there  are  two  ^^'^^^ ' 
houses,  the  members  of  the  upper  one  may  be  elected 
from  the  city  at  large.  In  size,  city  councils  vary 
greatly,  f  The  members  are  sometimes  salaried,  but 
more  frequently  they  serve  without  pay. 

The  chief  executive  is  the  mayor,  who  is  elected  to 
office  by  the  people.     His  term  is  most  frequently  one  The 
or  two  years,  but  the  tendency  is  to  make  it  longer. 
He  sometimes  presides  over  the  meetings  of  the  city 

*  Shaw,  Municipal  Government  in  Continental  Europe,  7. 
t  Chicago,  70 ;    Philadelphia,  170 ;    St.  Louis,  41 ;   San  Francisco,  13. 
Wilcox,  The  Study  of  City  Government,  161. 


28 


City  Government 


The 
judiciary. 


Administra- 
tive depart- 
ments. 


Depart- 
ments under 
committees 
or  boards. 


council,  and  in  most  cities  has  the  power  to  veto  its 
ordinances.  The  executive  and  administrative  powers 
of  the  mayor  are  much  greater  in  some  cities  than  in 
others.  He  is  usually  the  head  of  the  police  depart- 
ment, and  in  this  direction  his  authority  is  quite  ex- 
tensive. 

The  judicial  system  of  a  city  generally  includes  two 
kinds  of  courts :  (1)  the  ordinary  State  courts  (justice 
and  district  or  superior  courts) ;  (2)  special  city  or 
police  courts.  The  jurisdiction  of  the  latter  is  usually 
confined  to  minor  cases,  and  the  division  of  authority 
between  the  two  kinds  of  courts  is  not  always  clear. 

In  a  town  or  village  government,  the  local  board  may 
have  oversight  at  the  same  time  of  public  health,  chari- 
ties, streets,  sidewalks,  and  lighting.  But  as  population 
grows  more  dense,  these  public  interests  increase  in  ex- 
tent, complexity,  and  importance  until  it  becomes  neces- 
sary to  make  provision  for  the  separate  supervision  of 
each  one.  We  then  have  administrative  departments, 
few  in  number  in  small  cities,  but  very  numerous  in 
large  ones.* 

It  is  a  common  practice  in  small  cities  to  intrust  to 
committees  of  the  council  the  management  of  depart- 
ments. Or  it  may  be  that  a  body  of  men  known  as  a 
board  or  compaissiAP  is  elected  or  appointed  for  this 
purpose.  Fr^queisi^i^fy  such  a  commission  or  board  will 
employ  an  oversedt  to  superintend  work  that  may  be  in 
progress  und^:j,u.*s  direction.  Now,  this  method  of 
managing  administrative  departments  has  serious  faults. 
Much  of  their  work  is  executive  in  nature,  and  a  com- 
mittee composed  of  several  members  does  not  act  with 


*  Boston  has  33.  The  eighteen  departments  of  Greater  New  York 
are,  at  present,  finance,  taxes  and  assessments,  law,  police,  health,  fire, 
buildings,  highways,  water  supply,  bridges,  street-cleaning,  sewers,  public 
buildings,  parks,  docks  and  ferries,  education,  charities,  and  corrections. 


City  Government  29 

sufficient  promptness  and  unity  of  purpose.  Further- 
more, it  is  difficult  to  locate  responsibility  among  the 
members  of  a  committee ;  these  are  apt  to  shift  the 
blame  for  bad  management  from  one  to  another,  and 
when  responsibility  rests  upon  several  no  one  feels  its 
burden  seriously.  Because  responsibility  is  not  definite 
and  certain  the  temptation  to  yield  to  corrupt  influences 
is  strong.  Members  of  such  administrative  bodies 
have  sometimes  entered  into  "deals"  with  contractors 
to  furnish  materials  to  the  city  at  exorbitant  prices.* 
"When  members  of  administrative  boards  are  council- 
men  elected  by  popular  vote,  they  are  tempted  to  give 
"jobs"  to  influential  politicians  and  to  unnecessarily 
large  numbers  of  workingmen.  Incompetent  employees 
and  stuffed  pay-rolls  are  the  result. 

Opportunities  for  the  abuse  of  official  power  are  espe- 
cially frequent  in  the  police  departments  of  large  cities.  Police  de- 
We  have,  for  example,  the  appointment  of  men  upon  a  ^  °^^°  ^* 
police  force  for  purely  political  reasons.  The  adoption, 
in  some  cities,  of  a  competitive  examination  system  in 
this  department  has  resulted  in  higher  physical  stand- 
ards and  more  intelligent  officers.  In  several  of  the 
larger  cities  there  has  existed  the  systematic  protection 
of  law-breakers  by  the  police,  under  a  well-understood 
scale  of  prices.  There  is  no  departrient  o*  city  govern- 
ment which  may  become  more  servic  '^ble  o  the  people 
and  reflect  more  credit  upon  the  city,  an  the  police  de- 
partment ;  and  its  power  for  evil,  in  l  corruption  of 
public  morals,  is  equally  great.  Unfortunately,  police 
departments  are  very  often  managed  from  the  stand- 

*  Under  the  rule  of  the  Tweed  Ring,  in  New  York  City,  a  court-house 
which  should  have  cost  $250,000  was  still  unfinished  after  the  expendi- 
ture of  $8,000,000.  For  Tweed  Ring  see  Encyclopedia  of  Social  Reform ; 
Bryce  (last  edition),  II,  chapter  88;  Conkling,  City  Government  in  the 
United  States ;  Andrews,  History  of  the  Last  Quarter  Century,  1, 11-16 ; 
Scribner's  Mag.,  17  :  274-276, 


30 


City  Government 


Non- 
partisan 


The  single 
depart- 
mental 
head. 


point  of  party  politics,  rather  than  upon  the  basis  of 
merit  and  military  discipline.  In  sharp  contrast  with 
these  are  the  fire  departments  of  American  cities,  which 
are  remarkable  for  their  efficiency  and  the  purity  of  their 
management. 

It  is  the  shameless  and  wide- spread  corruption  origi- 
nating in  the  administration  of  municipal  departments 
that,  more  than  any  other  single  cause,  accounts  for  the 
bad  government  of  American  cities.  Many  experiments 
have  been  tried  for  the  improvement  of  this  condition. 
As  a  device  for  preventing  the  entrance  of  political 
favoritism  into  the  work  of  departmental  boards, 
these  are  sometimes  composed  of  members  belonging 
to  different  political  parties.  They  are  called  non-par- 
tisan or  bi-partisan  boards.  Experience  does  not  show, 
however,  that  this  plan  is  successful  in  securing  non> 
partisan  control,  as  the  members  frequently  agree  upon 
a  division  of  the  "  spoils  "  for  political  purposes.  When 
it  has  seemed  desirable  to  place  a  municipal  department 
under  a  single  officer,  instead  of  under  a  board,  the  man- 
ner of  appointing  this  officer  becomes  a  new  problem. 
If  he  be  nominated  by  the  mayor  and  confirmed  by  the 
council,  neither  of  these  authorities  is  willing  to  assume 
the  responsibility  for  his  conduct.  Appointments  for 
political  reasons  are  common  because  each  such  appoint- 
ment strengthens  the  political  position  of  those  who 
make  it. 

In  recent  years  there  has  been  a  tendency  toward 
placing  administrative  departments  under  the  authority 
of  the  mayor  alone,  as  a  means  of  fixing  responsibility 
more  definitely.  The  mayor  is  given  absolute  power  to 
appoint  and  to  remove  heads  of  departments.*     At  the 


*  He  becomes  in  the  city  what  the  president  is  in  the  National  govern- 
ment ;  whereas,  otherwise  there  is  a  separation  of  executive  and  admin- 
istrative departments,  as  in  our  State  governments.     "Vyilcox,  X91-193. 


City  Government  31 

same  time  the  other  powers  of  the  mayor  have  been  in- 
creased under  the  influence  of  popular  distrust  of  city 
councils.  The  success  of  this  plan — the  single  depart-  The 
mental  head  and  the  increased  power  of  the  mayor — de-  powers 
pends  largely  upon  the  character  of  the  men  brought 
into  office.  If  the  mayor  is  a  man  of  integrity  and 
business  capacity,  he  will  endeavor  to  select  suitable  men 
as  heads  of  departments.  But  often  it  is  difficult  to 
find  these ;  for,  except  in  the  larger  cities,  administrative 
chiefs  do  not  devote  their  entire  time  to  official  duties, 
and  capable  citizens  are  loath  to  take  time  from  their 
private  business  for  this  work.  It  becomes  apparent, 
therefore,  that  the  mere  concentration  of  authority  in 
the  mayor  may  not  bring  better  results  than  its  distri- 
bution among  committees  of  the  council.  Reformers 
who  had  hoped  to  cure  the  evils  of  city  government  by 
this  change  in  organization  have  been  disappointed  in 
the  results  that  have  so  far  been  accomplished. 

The  National  Municipal  League  publish  as  "A  Municipal  Pro- 
gram," a  model  city  charter,  drawn  up  by  a  committee  of  its  mem- 
bers who  are  recognized  as  authorities  upon  this  subject.  They 
recommend  the  organization  of  a  city  government  upon  the  follow- 
ing plan: 

1.  A  single-chambered   council  elected    on    the    general-ticket   A  model 
plan,  for  terms  of  six  years — one-third  every  two  years.  g^zatioai 

2.  A  mayor  elected  for  a  term  of  two  years ;  his  salary  to  be 
fixed  by  the  council.  The  mayor  is  to  appoint  all  heads  of  de- 
partments (except  controller).  Subordinates  are  to  be  appointed 
under  a  civil  service  examination  system  administered  by  a  com- 
mission of  three  members  to  be  appointed  by  the  mayor. 

3.  The  controller  is  to  be  elected  by  the  council  and  is  head  of 
the  financial  department  of  the  city. 

We  have  now  reviewed  one  of  the  great  problems  of 
municipal  government.  The  solution  of  this,  and  of 
other  problems  that  are  soon  to  be  noticed,  depends  not 
^o  much  upon  the  adoption  of  a  certain  plan  of  organ- 


32 


City  Government 


Primary 
functions 
of  city  gov- 
ernment. 


City 
oflacers. 


ization  as  upon  the  creation  of  correct  ideals  of  city 
government.  Two  questions  may  be  asked :  What  is 
the  primary  purpose  of  municipal  government?  and, 
What  should  be  required  of  those  who  administer  it  ? 

The  least  that  may  be  expected  of  a  city  government 
is  that  it  guard  public  health,  enable  citizens  to  live  in 
security  and  comfort,  and  maintain  an  efficient  educa- 
tional system  ;  and,  also,  that  in  doing  these  things  pub- 
lic money  be  justly  collected  and  honestly  expended. 
If  one  follows  out  in  detail  this  necessary  work  of  city 
government,  he  will  be  impressed  with  the  fact  that 
these  are  matters  of  business  almost  exclusively,  rather 
than  matters  of  political  policy.  The  council,  being  a 
deliberative  body,  should  determine  questions  of  policy  ; 
but  no  such  questions  are  rightfully  involved  in  the 
matters  of  which  we  have  just  spoken.  Furthermore, 
it  is  true,  especially  in  large  cities,  that  many  matters, 
such  as  sanitation,  the  water  supply,  and  the  construc- 
tion of  public  works,  are  purely  technical  in  their 
nature  and  should  be  in  charge  of  experts. 

What,  then,  should  be  demanded  of  public  officials? 
Evidently,  some  should  be  men  of  technical  training. 
All  should  possess  the  same  business  capacity  and  zeal 
for  the  interests  of  their  employers  (the  public)  that  are 
required  in  the  sphere  of  private  enterprise. 

Now  when  there  exist  in  a  city  right  ideals  in  these 
fundamental  matters,  questions  of  organization  become 
much  simpler.  It  is  not  necessary,  nor  is  it  desirable, 
that  the  framework  of  municipal  government  should  be 
the  same  in  all  cities  of  the  country.  The  best  arrange- 
ments vrill  give  evidence  of  their  superiority  in  the 
course  of  time. 

In  the  employment  of  subordinate  officers,  numerous 
cities  *  have  adopted,  within  recent  years,  civil  service 
*  Among  them  New  York,  Chicago,  Milwaiikee. 


financets. 


City  Government  33 

reform  methods.     Certain  employees,  whose  duties  are  civil 

service 

mainly  routine  or  technical  in  character,  are  selected  on  refonn. 
the  basis  of  examinations.  These  officers  are  retained 
during  good  behavior,  instead  of  being  turned  out  at 
every  change  in  administration.  The.  adoption  and  im- 
partial administration  of  this  system  is  a  step  in  the 
right  direction,  for  it  means  that  business  methods  are 
to  prevail,  where  once  public  office  and  public  interests 
were  subordinated  to  the  demands  of  private  greed. 

The  administration  of  a  city's  finances  tests,  to  the 
utmost,  the  quality  of  its  government.  The  revenues 
and  expenses  of  many  cities  exceed  those  of  the  States 
in  which  they  are  situated.  Greater  New  York  spends 
three  times  as  much  as  New  York  State,*  Boston  four 
times  as  much  as  Massachusetts.  The  raising  and  ex-  aty 
penditure  of  these  immense  sums  of  money,  without  the 
taint  of  fraud,  is  exceedingly  difficult  and  unusual.  We 
shall  see  in  a  later  chapter  how,  by  the  undervaluation 
and  concealment  of  property,  many  persons  escape  their 
just  burdens  of  taxation.  Such  abuses  are  much  more 
difficult  to  detect  in  cities  than  in  rural  communities, 
where  business  is  conducted  with  less  privacy.  This  is 
true,  too,  in  the  expenditure  of  public  funds.  The  citi- 
zens generally  do  not  understand,  and  do  not  watch 
carefully,  the  processes  by  which  their  money  is  applied 
to  the  objects  of  city  government.  This  is  because  ex- 
penditures are  made  in  such  a  great  variety  of  ways,  and 
because  the  machinery  of  city  government  is   compli- 

*S€e  Coler,  The  Most  Expensive  City  in  the  World.  Pop.  Sci.  Mo., 
57 :  16-22.  In  1899  the  expenses  of  New  York  City  were  #20,000,000  more 
than  those  of  London,  $18,000,000  more  than  the  expenses  of  Paris,  and 
anly  $1,000,000  less  than  the  combined  expenses  of  Chicago,  Boston,  and 
Philadelphia.  New  York's  budget  for  that  year  was  $93,000,000.  For 
1901  it  was  $98,000,000.  (The  Nation,  71 :  358. )  Philadelphia's  expenses 
in  1899  were  $27.78  per  capita;  in  1800  they  were  but  $0.97  per  capita. 
See  Pop.  Sci.  Mo.,  58 :  67. 


34 


City  Government 


cated.  The  officers  who  are  responsible  for  the  expendi- 
ture of  money  are  frequently  unknown  to  the  tax-payer. 
These  officers  are  more  indifferent  to  the  existence  of 
abuses  in  connection  with  city  finances,  and  the  press- 
ure of  public  opinion  is  much  less  direct  than  it  is  in 
rural  communities. 

The  table  below  shows  the  number  of  cities  in  the  United 
States  of  more  than  8,000  population  for  each  census  .year,  and 
the  percentage   of    the  total   population    living    in   those   cities. 


Finances 
and  growth 
of  cities. 


1790 
1800 
1810 
1820 
1830 
1840 


Number 

Per  cent  of 

of  cities. 

total  popu- 
lation. 

6 

3.35 

6 

3.97 

11 

4.93 

13 

4.93 

26 

6.72 

44 

8.52 

Number 

of  cities. 

1850 

85 

1860 

141 

1870 

226 

1880 

286 

1890 

447 

1900* 

545 

Per  cent,  of 
total   popu- 
lation. 


12.49 
16.13 
20.93 
22.57 
29.20 
33.10 


The  following  statistics  give  the  per  capita  indebtedness  of  some 
representative  American  cities:  Kansas  City,  Mo.,  $23.44;  Mil- 
waukee, $20.44;  Philadelphia,  $29.33;  Providence,  $85.05;  St. 
Paul,  $43.71;  Utica,  $8.07;  Sioux  City,  $56.70;  Toledo,  $40.71  ; 
Chicago,  $13.76  ;  Indianapolis,  $10.09.  Bulletin  of  the  Depart- 
ment of  Labor  No.  24,  September,  1899. 

The  question  of  finances  is  most  serious  in  cities  of 
rapid  growth.  For  here  the  extension  of  streets  and 
other  public  works  offers  opportunity  for  extravagance 
and  dishonesty  in  the  handling  of  public  money.  More- 
over, in  such  cities  experience  furnishes  but  slight  basis 
for  legislation.  There  is  always  excuse,  and  often  ne- 
cessity, for  the  contraction  of  debts.  Even  when  the 
proposition  to  issue  bonds  is  submitted  to  a  vote  of  the 
people,  little  business  prudence  is  exhibited  in  the  de- 

*  These  statistics  are  given  in  Census  Bulletin  No.  70,  July,  1901. 


City  Government  35 

cision.  Property-owners  who  are  among  the  largest 
tax-payers  favor  the  extension  of  public  improvements 
as  a  method  of  advertising  the  city,  and  so  insuring  its  city  debts, 
rapid  growth.  As  a  result,  they  anticipate  large  profits 
in  business  and  in  real-estate  transactions.  But  great 
dangers  attend  this  policy  whenever  it  is  entered  upon. 
The  evils  of  over-taxation  and  the  accumulation  of  mu- 
nicipal debts  have  become  so  serious  that  many  State 
governments  have  set  limits  upon  the  power  of  cities  to 
bond  themselves.  Some  general  supervision  of  munici- 
pal finances  by  State  governments  seems  necessary. 

But  the  indiscriminate  interference  of  State  legislat- 
ures in  municipal  affairs  has  wrought  far  more  evil  than 
good.  The  granting  and  amendment  of  city  charters 
by  special  acts  of  legislatures  have  in  the  past  opened 
the  way  for  the  arbitrary  regulation  of  city  affairs  by  those 
who  were  not  acquainted  with  local  conditions.*  Con-  Legislative 
sequently  in  a  majority  of  the  States  special  legislation 
for  cities  is  prohibited.  Cities  must  be  organized  and 
their  powers  defined  by  general  laws.  The  legislature 
may,  however,  adopt  a  classification  of  cities  and  enact 
a  general  law  for  each  class.  The  purpose  of  the  re- 
quirement for  general  legislation  is  defeated  when  such 
a  classification  of  cities  is  adopted  that  but  one  city 
is  included  in  a  given  class.     "  Home  rule  "  for  cities, 

*  New  York  City  has  suffered  greatly  from  this  evil.  A  recent 
writer  says:  "The  city  of  New  York  is  governed  from  the  State 
capitol.  Scores  of  laws  are  passed  every  year  relating  to  matters  of 
purely  local  interest  and  of  minor  importance.  A  bill  for  a  park  in  a 
densely- populated  portion  of  the  city  is  introduced  at  Albany,  and 
perhaps  passed  with  little  regard  as  to  whether  the  city  or  the  people 
of  the  locality  desire  its  enactment.  .  .  .  This  mass  of  legislation 
which  flows  into  Albany  from  New  York  and  from  every  other  city, 
overburdens  the  State  legislature.  If  every  bill  of  local  interest  were 
thoroughly  considered,  nothing  else  could  be  accomplished,  and  the 
interests  of  the  State  would  be  neglected." — Municipal  Affairs,  IV, 
452,  Sept.,  1900. 


36 


City  Government 


Municipal 
functions. 


within  the  limits  of  general  laws,  seems  a  reasonable 
Home  rule,  and  necessary  demand,  in  the  face  of  the  corrupt  and 
oppressive  legislation  enacted  at  State  capitals.  Never- 
theless, because  of  extremely  bad  conditions  in  the 
cities  themselves,  police  boards  have  sometimes  been 
appointed  by  governors.  And  in  several  other  matters 
of  administration,  such  as  charities,  health,  and  educa- 
tion, State  supervision  of  city  systems  is  a  common 
practice. 

"We  now  approach  the  question.  What  is  the  proper 
sphere  of  municipal  activity  ?  This  is  a  question  upon 
which  wide  differences  of  opinion  exist.  There  is  com- 
mon agreement  that  city  governments  should  provide 
pavements,  sewer  systems,  public  parks,  and  schools. 
But  the  business  of  supplying  water,  lights,  and  street- 
car service  has  in  the  main  been  left  to  private  or  cor- 
porate enterprise.  There  is,  however,  some  tendency 
toward  municipal  ownership.  More  than  one-half  the 
water-works  plants  in  the  United  States  are  now  owned 
by  cities ;  a  very  much  smaller  proportion  of  the  light- 
ing plants  and  almost  no  street  railway  lines'  are  mu- 
nicipal. 

It  is  generally  recognized  that  because  of  the  circum- 
stances under  which  water,  light,  and  transportation 
facilities  are  furnished,  the  industries  that  furnish  these 
necessities  tend  to  become  monopolies.*  Little  or  no 
competition  between  rival  plants  is  possible.  Conse- 
quently, there  is  danger  that  the  rates  and  charges  will 
be  excessively  high.  In  many  cities  the  operation  of 
these  plants  has  yielded  enormous  profits  to  their  own- 
ers. To  conceal  the  real  size  of  their  profits,  corpora- 
tions sometimes  "water"  their  stock,  i.e.,  the  amount  of 
stock  is  increased  beyond  the  amount  of  money  invested 
in  the  plant.      The  size  of  the  dividends  paid  on  the 

*See  Ely,  Problems  of  To-day,  chapters  18  and  19. 


Natural 
monopolies 


City  Government  37 

total  stock  now  represents  a  much  greater  rate  of  profit 
on  the  actual  capital  of  the  corporation. 

At  one  point  the  industries  now  under  discussion  are 
different  from  other  enterprises:  their  operation  in- 
volves the  use  of  the  city  streets.  Because  the  streets 
are  public  property,  the  right  to  construct  and  operate 
a  plant  is  given  in  a  franchise  granted  by  the  city  coun- 
cil. A  franchise  is  in  the  nature  of  a  contract,  the  Franchises." 
parties  to  which  agree  upon  the  obligations  assumed 
by  each.  An  individual  or  a  corporation  obtaining  a 
franchise  agrees  to  furnish  a  certain  quality  of  service. 
If  this  is  not  done,  the  penalty  may  be  the  forfeiture  of 
the  franchise.  Practically,  however,  it  has  been  found 
very  difficult  to  enforce  strict  adherence  to  the  terms  of 
agreement,  by  legal  procedure.  The  rates  to  be  charged 
for  service  may  or  may  not  be  stated  in  the  franchise. 
If  they  are  not,  the  patrons  have  little  protection  from 
extortion.  The  justice  of  fixing  rates  in  a  franchise  de- 
pends upon  the  length  of  time  for  which  it  is  to  oper- 
ate. The  growth  of  a  city  through  a  long  term  of  years 
brings  immense  advantages  to  the  industries  that  we 
have  under  discussion  ;  for  the  greater  population  can 
be  served  at  only  slightly  increased  cost  io  the  owners 
of  the  plants. 

Such  being  the  conditions  under  which  public  service 
plants  have  been  operated  by  individuals  and  corpora- 
tions, the  question  has  been  freely  discussed.  Should  not 
the  city  itself  own  and  control  these  industries,  and  Municipal 
furnish  the  service  to  the  people  at  cost  ?  Two  alterna-  ^"^^^^  ^p* 
tives  are  presented:  public  ownership  and  operation, 
or,  strict  control  by  city  or  State  authorities. 

A  strong  objection  to  the  first  plan  is  the  fact  that 
party  politics  enters  so  extensively  into  municipal  elec- 
tions.    Would  not  a  municipal  plant  be  operated   for  objections, 
the  political  advantage  of  the  party  in  power  ?     Corrupt 


38  City  Oovernment 

and  inefficient  employees  would  find  places  in  such  a 
system,  while  private  ownership  of  an  industry  insures 
management  by  economical  business  methods.  The  ad- 
vocates of  municipal  ownership  reply  that  the  amount 
of  corruption  in  the  management  of  a  plant  could  not 
exceed  that  which  now  attends  the  granting  of  franchises 
by  city  councils.  The  right  to  use  public  property 
under  favorable  conditions  is  a  valuable  concession  for 
which  the  grantees  should  be  vdlling  to  pay.  But  the 
history  of  every  large  city  records  the  granting  of  fran- 
chises without  compensation.  This  may  occur  through 
the  ignorance  or  indifference  of  aldermen  ;  but  in  too 
many  cases  their  votes  have  been  bought  and  paid  for 
in  money,  or  political  influence,  or  shares  of  stock.  It 
would  seem,  then,  that  we  have  but  a  choice  of  evils ; 
that  the  same  state  of  public  apathy  which  makes  it 
possible  for  corporations  to  bribe  aldermen  and  violate 
their  franchises  would  make  an  honest  and  economical 
administration  of  a  municipal  plant  very  improbable. 
Admitting  the  deplorably  low  state  of  official  capacity 
and  public  spirit  in  many  cities,  the  advocates  of  munic- 
ipal ownership  urge  that  the  assumption  of  municipal 
responsibilities  is  the  best  means  of  awakening  the  in- 
terest of  the  people  in  city  affairs. 

Those  who  do  not  accept  municipal  ownership  as  a 

desirable  solution  of  the  problem  advocate  various  ways 

Methods  of    of  Controlling  the  operation  of  plants  under  private  or 

corporate  ownership.     The  following  regulations*  are 

recommended : 

1.  No  franchise  should  be  granted  for  a  longer  term 
than  twenty-one  years. 

2.  The  grantee  should  pay  a  fair  price  for  the  privi- 
leges secured ;  and,  in  addition,  a  percentage  on  gross 
receipts. 

*  Adapted  from  "  A  Municipal  Program,"  137. 


City  Government  39 

3.  At  the  end  of  the  term,  the  franchise  should  revert 
to  the  public  ;  the  right  of  the  city  to  acquire  the  plant, 
with  or  without  compensation,  being  reserved. 

4.  The  financial  accounts  of  the  grantee  should  be 
matters  of  public  record,  and  should  be  open  to  exami- 
nation by  an  officer  of  the  city. 

The  problem  of  municipal  ownership  is  one  phase  of 
a  broader  question,  viz. :  How  far  should  municipal 
functions  be  extended  ?  It  being  granted,  for  example.  Extension 
that  the  control  of  sanitary  conditions  is  a  public  func-  nicipai 
tion  in  the  interest  of  health,  may  not  a  city  properly 
maintain  public  baths  and  laundries  ?  Kecreation  is 
provided  for  by  parks  and  boulevards  ;  public  play- 
grounds and  gymnasiums  may  be  justified  on  the 
grounds  of  both  recreation  and  health.  A  school  system 
ordinarily  furnishes  education  in  a  limited  field,  and  to 
children  only.  The  public  library  is  a  means  of  education 
to  those  citizens  who  are  beyond  school  age.  Municipal 
art  galleries  and  the  furnishing  of  music  at  public  ex- 
pense are  considered  by  many  as  equally  legitimate  un- 
dertakings. How  far  the  city  should  encroach  upon 
the  field  now  given  over  to  private  enterprise  is  a  ques- 
tion upon  which  men  naturally  differ,  as  radicals  and 
conservatives.  There  is  at  present  a  strong  tendency 
toward  the  exercise  of  new  functions  by  city  govern- 
ments in  many  directions. 

Public  baths  are  established  in  New  York,  Chicago,  Boston, 
Buffalo,  andBrookline  (Mass.);  municipal  markets  in  Washington, 
Philadelphia,  New  York,  Boston,  and  Baltimore.  New  York  and 
Toledo  have  employment  bureaus,  Boston  a  municipal  printing 
plant,  and  Syracuse  a  lodging-house. 

Two  fundamental  conditions  seem  worthy  of  state- 
ment as  explaining  the  generally  unsuccessful  working 
of  city  governments  in  the  United  States.  1.  The  prev- 
alence of  the  party  spirit  in  municipal  politics.      The 


40 


City  Government 


Party  poli- 
tics in  city 
govern- 
ment. 


Beform 
movements 


Lack  of 
civic  spirit. 


National  political  parties  are  organized  on  the  basis  of 
issues  in  National  politics,  such  as  the  tariff,  the  money 
question,  and  colonial  expansion.  There  is  nothing  in 
the  nature  of  the  questions  arising  in  city  government 
to  justify  adherence  to  National  party  divisions  in  local 
politics.  When  this  is  done,  voters  become  blinded  to 
the  real  merits  of  issues  and  candidates  ;  and  city  oflBces 
ftre  regarded  as  legitimate  rewards  for  party  service. 

When  city  and  general  elections  are  held  at  different 
Hmes,  there  need  be  no  confusion  of  National  and  local 
issues.  Then  independent  movements  may  be  organized 
ftnd  candidates  nominated  irrespective  of  parties.  At 
various  times,  in  our  large  cities,  corrupt  rings  have 
been  overthrown  by  the  united  action  of  citizens  of  all 
parties  aroused  for  the  suppression  of  some  great  evil. 
But  such  movements  are  too  often  but  temporary  ;  the 
evil  abolished,  men  fall  back  into  party  lines.  Constant 
pressure  is  exerted  by  party  leaders  to  prevent  the  in- 
dependent action  of  voters,  because  it  is  demoralizing  to 
the  strict  discipline  of  party  organization.  On  the  other 
hand,  the  leaders  of  reform  movements  generally  under- 
estimate the  importance  of  organization  and  political 
machinery  in  holding  their  followers  permanently  to  the 
task  they  have  undertaken.  So  the  independent  move- 
ment, though  easily  successful  once  or  twice  under  the 
sting  of  municipal  disgrace,  often  fails  to  accomplish 
lasting  results. 

2.  The  second  general  condition  that  explains  the 
failure  of  city  governments  is  the  lack  of  civic  spirit. 
This  is  sometimes  accounted  for  by  the  presence,  in  our 
cities,  of  a  large  foreign  element.*     Doubtless  the  crea- 


*  Percentages  of  foreign-born  population  are  as  follows:  New  York, 
423^;  Chicago,  41;  Philadelphia,  2h%\  Baltimore,  nearly  16.  See 
Wright,  Practical  Sociology,  118,  132;  Wilcox,  118;  Seventh  Special 
Report  United  States  Bureau  of  Labor. 


City  Government  41 

tion  of  a  unified  civic  spirit  is  rendered  very  difficult  by 
this  condition.  But  the  final  responsibility  for  bad 
government  cannot  be  placed  upon  our  citizens  of 
foreign  birth  ;  nor  even  upon  the  ignorant  and  vicious  Foreip 
classes.  It  may  be  fairly  maintained  that  "  there  is  not  ^°^  ^  ^ 
a  city  in  the  Union  in  which  the  honest,  orderly,  and 
industrious  voters  are  not  in  a  large  majority."  *  Citi- 
zens need,  above  all,  to  feel  a  unity  of  interest  in  good 
government.  They  need  to  feel  the  necessity  of  co- 
operation in  civic  improvement,  private  opinions  and 
selfish  interests  giving  way  to  public  welfare.  The 
attainment  of  this  ideal  is  a  matter  of  slow  growth ; 
and  the  new  and  unsettled  conditions  of  rapidly  expand- 
ing cities  retard  this  growth.  In  the  end,  good  city 
government  will  be  brought  about  only  by  constant  and 
patient  attention  to  civic  duty  on  the  part  of  citizens. 

"Within  recent  years  much  progress  has  been  made 
in  this  direction.  Public  interest  has  been  aroused, 
and  many  reforms  have  been  accomplished.  The 
systematic    study   of    municipal    problems    has    been  Municipal 

8.dV3>IlC6 

begun.  Permanent  organizations,  such  as  the  Civic  movement. 
Federation  and  the  Municipal  Voters'  League  of  Chi- 
cago, the  Municipal  Reform  League  of  Boston,  the  Mu- 
nicipal League  of  Philadelphia,  the  Good  Government 
Clubs  and  City  Vigilance  League  of  New  York,  have  been 
effectual  in  keeping  the  facts  and  needs  of  city  govern- 
ment before  the  people.  Numerous  State  leagues  and 
the  National  Municipal  League  give  opportunity  for 
discussion  of  municipal  problems,  besides  spreading  in- 
formation by  their  publications.  The  public  schools 
have  a  part  to  perform  in  fostering  the  newly  awakened 
civic  spirit  of  the  times.  Preparation  for  the  perform- 
ance of  the  citizen's  duties  is  becoming  an  important 
part  of  school  work.     The  use  of  school  buildings  by 

*  Godkin,  Problems  of  Democracy,  150. 


42  City  Government 

the  community  as  centres  of  social  influence  is  a  ten- 
dency working  in  the  same  direction.  Thus  we  see  that 
the  forces  are  at  work  which  will  ultimately  solve  the 
problems  of  city  government. 

The  gov-  The  city  of  Chicago  *  is  divided  into  thirty-five  wards ;  from  each, 

CWcaffo  °^  *^®  members  are  elected  to  the  single-chambered  city  council.  Work 
in  the  council  is  conducted  mainly  by  committees,  which  are  elected 
by  the  council  itself.  These  committees  determine  the  city's  pol- 
icy upon  the  important  subjects  of  finances,  licenses,  public  works, 
and  franchises.  The  mayor  is  elected  for  a  term  of  two  years. 
He  presides  in  the  council,  but  has  little  power  there,  except  as 
chairman,  casting  a  tie  vote,  and  in  the  exercise  of  his  veto  power. 
The  mayor  appoints  all  heads  of  departments  and  other  officers 
that  are  not  elected.  A  Civil  Service  Law  passed  in  1895  by  the 
State  legislature  requires  that  subordinate  officers  be  selected 
under  an  examination  system ;  this  is  conducted  by  a  commission 
appointed  by  the  mayor. 

At  the  head  of  each  administrative  department  is  a  single  respon- 
sible officer.  There  are  the  departments  of  Public  Works  (includ- 
ing the  bureaus  of  street-cleaning,  engineering,  streets,  water 
supply,  and  telegraphs),  Police,  Fire,  Health,  Electricity,  and 
Schools.  The  comptroller  is  the  head  of  the  Finance  Department, 
with  extensive  powers  over  all  fiscal  matters,  including  contracts  and 
bonds.  His  signature  is  necessary  on  warrants  authorizing  ex- 
penditures. The  city  treasurer  is  a  clerical  officer,  without  such 
discretionary  powers  as  those  exercised  by  the  comptroller 

The  park  systems  of  Chicago  are  not  under  the  control  of  the 
city  government  Park  Boards  are  appointed,  constituting  distinct 
administrative  departments.  Moreover,  "  the  park  areas  are  tax- 
gathering  and  tax-expending  areas  for  park  purposes."  The  Chi- 
cago Drainage  District  is  also  a  separate  administrative  area,  with 
full  powers  of  taxation  and  expenditure.  It  naturally  includes 
more  territory  than  the  city  alone.  The  Board  controlling  this 
district  is  composed  of  nine  elected  members. 

Similar  industrial  changes  have  caused  the  same  rapid  growth  in 
European  as  in  American  cities.     Between  1870  and  1890,  Berlin 

*  Based  upon  Sparling,  Municipal  History  and  Present  Organization » 
of  the  City  of  Chicago.     Bulletin  of   the  University  of   Wisconsin, 
No.  23. 


Gity  Government 


43 


grew  faster  than  New  York,  Hamburg  faster  than  Boston,  Munich   Foreign 
faster  than  St.  Louis.     The  following  table  shows  populations  for 
1900,  with  percentages  of  increase  since  1890  : 


Greater  New  York. 

Chicago 

Philadelphia 

St.  Louis 

Cleveland 

Buffalo 

Cincinnati 

Pittsburg 

New  Orleans 

Milwaukee 


3,437,202 
1,698,575 
1,293,697 
575,238 
381,768 
352,219 
325,902 
321,616 
287,104 


31 

108 
24 
28 
63 
65 
16 
53 
12 
77 


Berlin 

Hamburg. . . 

Munich 

Leipzig 

Breslau 

Dresden.. . . 

Cologne 

Frankfort. . . 
Nuremberg , 
Hanover  . . . 


1,884,345 
704,669 
498,503 
455,120 
422,415 
395,349 
370,685 
287,813 
260,743 
234,986 


19 
119 
46 
54 
26 
43 
31 
60 
83 
44 


In  European  cities  the  councils  are  generally  larger  than  with 
us,  and  their  members  are  elected  for  longer  terras.  Voters  must 
have  property  qualifications  in  most  European  countries,  though 
not  in  France.  In  Italy  an  educational  qualification  is  required. 
In  German  cities,  no  salaries  are  paid  to  councillors.  The  position 
is  regarded  as  one  of  honor,  and  members  of  councils  are  of  higher 
character  than  in  American  cities. 

Mayors  in  England  and  France  are  elected  by  city  councils; 
in  several  other  countries  they  are  appointed  by  the  national 
government.  The  German  Burgomaster  is  a  specialist  in  munic- 
ipal government,  with  a  body  of  trained  experts  as  his  assistants. 
He  is  paid  a  good  salary,  and  is  frequently  transferred  from  one 
city  to  another,  as  the  heads  of  business  corporations  are  in  this 
country. 

Party  politics  plays  less  part  in  the  affairs  of  European  cities  than 
in  the  United  States;  they  have,  consequently,  less  corruption 
among  city  officials.  The  idea  of  a  trained  and  permanent  civil 
service  is  universal.  Greater  public  interest  and  higher  ideals  of 
city  government  may  be  found  in  European  cities. 

In  this  country  the  State  is  the  source  of  all  municipal  powers. 
The  city  may  exercise  only  such  functions  as  are  delegated  to  it. 
In  European  countries  the  reverse  is  true.  "  The  municipal  cor- 
poration may  do  anything  where  power  has  not  been  conferred 
specifically  upon  some  other  authority,  and  is  subjected  to  a  central 
control  only  where  the  law  specifically  and  expressly  provides  for 
such  a  control."  *  European  cities  have  extended  their  functions 
in  many  directions  that  are   unknown  in  most  American   cities. 

*  Goodnow,  Municipal  Problems,  252-254  ;  Wilcox,  170-173. 


44  City  Government 

There,  water,  lighting,  and  street-railway  plants  are  much  more 
commonly  owned  or  more  strictly  controlled  than  in  our  cities. 
Municipal  slaughter-houses  (abbatoirs)  are  common  in  German  and 
Austrian  cities ;  pawn-shops  and  savings  banks,  in  French  and  Ger- 
man cities.  Municipal  lodging-houses  exist  in  Glasgow,  Berlin, 
and  Paris;  baths  in  Birmingham,  SheflBeld,  Liverpool,  and  many 
other  cities.  Municipal  concerts  are  given  in  Glasgow  and  New- 
castle-on-Tyne,  and  the  cities  of  Odessa,  Budapest,  and  Paris  sup- 
port theatres,  Amsterdam  and  other  foreign  cities  have  municipal 
telephone  systems. 


Supplementary  Questions  and  References. 

Make  a  study  of  your  (or  a  neighboring)  city  on  the  fol- 
lowing points: 

1.  Economic  reasons  for  its  location  and  growth. 

2.  Time  and  circumstances  of  its  incorporation.  The 
original  limits.  Reasons  for  subsequent  enlargement  of  the 
city. 

3.  The  city  legislature  —  name,  number  of  members. 
How  are  they  elected  ?  For  what  terms  ?  Are  they  paid  ? 
Do  you  think  changes  would  be  desirable  in  these  re- 
spects ?  Can  you  make  a  general  statement  concerning  the 
occupations  and  qualifications  of  members  ? 

4.  The  executive  —  title — term  —  salary.  What  are  his 
powers  of  appointment  ?  Has  he  the  veto  power  ?  Should 
his  powers  be  increased  ? 

5.  Judiciary — courts— oflBcers — jurisdiction. 

6.  How  many  administrative  departments  are  there  ? 
Are  they  under  the  control  of  committees,  boards,  or  single 
heads  ?  What  is  the  relation  of  each  department  to  the 
mayor  ?  to  the  council  ?  Outline  the  work  of  each  depart- 
ment.   Does  the  present  arrangement  work  successfully  ? 

7.  Obtain  a  statement  of  the  city's  finances,  showing  re- 
ceipts and  expenditures.  Is  there  a  bonded  debt?  How 
is  it  managed  ?    Is  there  a  sinking  fund  ? 

8.  What  is  the  relation  existing  between  this  city  and 
the  State  government?  Would  more  "home  rule"  be 
desirable,  or  less  ? 


City  Government  45 

9.  How  are  the  water,  lighting,  and  street-car  plants 
managed  ?  Would  you  change  the  system  ?  Do  you  favor 
the  extension  of  the  city's  functions  in  other  directions  ? 

10.  What  kinds  of  street  pavement  are  used  ?  What  is 
the  best  kind  ?    How  much  does  it  cost  ? 

11.  What  method  of  garbage  disposal  is  in  use  ?  How 
are  the  streets  cleaned  ?  Are  these  methods  effectual  ?  Can 
students  in  the  public  schools  help  in  keeping  the  city 
clean?  Can  they  do  anything  toward  beautifying  the 
city? 

12.  What  is  the  organization  of  the  police  department  ? 
Can  you  recommend  improvements  ?  If  an  officer  fails  to 
enforce  an  ordinance,  what  course  would  you  take  to  se- 
cure its  enforcement  ? 

13.  Does  your  city  have  to  deal  with  problems  of  the 
slums  and  tenement  houses  ?  Is  there  a  large  foreign-born 
element  ?  Would  you  recommend  any  limitation  of  the 
suffrage  ? 

14.  Are  independent  or  reform  movements  successful  in 
this  city  ? 

15.  What  are  the  excellent  features  of  the  city's  govern- 
ment ?  What  are  its  faults  ?  What  reasons  can  you  assign 
for  its  excellencies  and  its  failures  ? 

16.  Organize  your  class  as  a  city  council  and  pass  ordi- 
nances that  you  think  beneficial. 

The  most  useful  books  on  City  Government  are  the 
following : 

Bryce,  American  Commonwealth,  I,  chapters  50-52  ; 
II,  chapter  88  (third  edition,  chapters  88,  89)  ;  Conkling, 
City  Government  in  the  United  States  ;  Wilcox,  The  Study 
of  City  Government ;  Devlin,  Municipal  Reform,  in  the 
United  States ;  Tolman,  Municipal  Reform  Movements  ; 
Bliss,  Encyclopedia  of  Social  Reform;  A  Municipal  Pro- 
gram ;  Riis,  How  the  Other  Half  Lives. 

A  valuable  magazine  devoted  to  problems  of  city  life  and 
government  is  Municipal  Affairs. 

City  Government  in  General.— N.  Am.  Rev.,  165: 
343-349  ;  150  :  631-637  ;  163  :  758-760  ;  172  :  751-763  ;  Arena, 
17  :  529-537  ;   847-856 ;   989-995 ;   Rev.   of  R's,  15  :  473  ; 


46  City  Government 

Forum,  10  :  357-372  ;  21  :  53-64  ;  27  :  469-481  ;  Century 
Mag.,  40  :  798-799  ;  42  :  730-736  ;  48  :  793-794  ;  Atl.  Mo.,  80  : 
620-634  ;  Harper's  Mag.,  69  :  779-787  ;  84  :  709-721  ;  Scrib- 
ner's  Mag.,  20  :  418-428  ;  Pop.  Sci.  Mo.,  58  :  60-68. 

Growth  of  Cities. — Forum,  10:472-477;  19:737- 
745  ;  Century,  55  :  79-80. 

Civil  Service  Reform  m  Cities.— Scribner's  Mag., 
18  :  238-247  ;  N.  Am.  Rev.,  166  :  196-206. 

Politics  and  Elections. — Century,  48  :  793-794 ;  312- 
314  ;  Atl.  Mo.,  52  :  323-329  ;  Nation,  58  :  136,  422. 

Foreign  Cities.— England,  Rev.  of  R's,  10  :  70-71; 
5  :  282-308  ;  Century,  41  :  132-147  ;  53  :  71-89  ;  IS".  Am.  Rev., 
151  :  615-629  ;  Germany,  Rev.  of  R's,  10  :  71-74  ;  Century, 

48  :  296-305  ;  380-388  ;  Forum,  23  :  686-697 ;  Toronto,  Rev. 
of  R's,  10  :  165-173  ;  Outlook,  58  :  351-357  ;  72  :  633-635. 

Franchises  and  Municipal  Ownership.— Outlook, 
58  :  920-924  ;  Nation,  56  :  449  ;  58  :  285  ;  65  :  26  ;  67  :  460  ; 
Forum,  21  :  53-64  ;  Arena,  13  :  118-130  ;  14  :  86-109  ;  439- 
463  ;  15  :  95-111  ;  17  :  529-537  ;  19  :  43-53  ;  20  :  545-558  ;  25: 
198-209;  N.  Eng.  Mag.,  13  :  244-252  ;  Boston,  Atl.  Mo., 
81  :  311-322  ;  N.  Eng.  Mag.,  14  :  389-409  ;  Rev.  of  R's,  9  : 
327-448;  Outlook,  68  :  111-114;  Cosmop.,  30:430-434; 
657-560 ;  N.  Am.  Rev.,  172  :  445-455  ;  Century,  60  :  311-312. 

Water,  gas,  and  electric-light  plants  under  private  and 
municipal  ownership.  Fourteenth  Annual  Report  of  the 
Commissioner  of  Labor,  1899. 

Home  Rule  for  Cities. — Century,  48  :  790-791 ;  Rev. 
of  R's,  9  :  682-684. 

Sanitary  Conditions.— Forum,  20  :  747-760  ;  New 
York,  Scribner's  Mag.,  22  :  64-76  ;  179-190  ;  Harper's  Mag., 
71  :  577-584  ;  N.  Am.  Rev.,  161  :  49-56  ;  Outlook,  62  :  416  ; 
66  :  126-128. 

Public  baths  in  Europe.  Bulletin  of  the  Department  of 
Labor,  No.  11,  July,  1897  (illustrated). 

Streets  and  Paving.— Century,  24  :  894-910  ;  Nation, 

49  :  124-125  ;  162-163  ;  Pop.  Sci.  Mo.,  56  :  524-539. 

The  Poor  in  Cities. —Arena,  17  :  1039-1051  ;  N.  Am. 
Rev.,  161  :  685-692  ;  Atl.  Mo.,  83  :  163-178  ;  Riis,  Battle 
with  the  Slums,   83  :  626-634  ;   Riis,  Tenements,  83  :  760-- 


City  Government  47 

776  ;  New  York  Tenement  House  Evil,  Scribner's  Mag., 
16  :  108-117  ;  Century,  53  :  247-252  ;  45:  314-316  ;  Forum, 
19  :  495-500  ;  Rev.  of  R's,  6  :  720-721  ;  Scribner's  Mag.,  11  : 
697-721  ;  531-556  ;  13  :  357-372  ;   14  :  121-128  ;  17  :  102-114. 

The  slums  of  great  cities.  Seventh  Special  Report  of  the 
Commissioner  of  Labor,  1894. 

Reform  of  City  Governments. — Century,  47  :  630- 
632  ;  311-312  ;  44  :  474-475  ;  46  :  155-156  ;  49  :  155-157  ; 
790-791  ;  54  :  794-796 ;  Rev.  of  R's,  Boston,  15  :  267-268  ; 
Philadelphia,  10  :  427-428  ;  Municipal  Leagues,  Rev.  of  R's. 
11  :  415-427  ;  Chicago,  21  :  736-737  ;  N.  Am.  Rev.,  151  :  422- 
431  ;  153  :  580-595  ;  Forum,  23  :  531-538  ;  19  :  610-614  ;  San 
Francisco,  26  :  567-577  ;  Arena,  16  :  728-735  ;  17  :  707-710; 
Outlook,  58  :  963-965  ;  Harper's  Mag.,  99  :  641-646 ;  Lon- 
don, Scribner's  Mag.,  11  :  401-424 ;  Chicago,  Atl.  Mo.,  85 ; 
834-839  ;  Nation,  66  :  297  ;  58  :  40,  136. 

Greater  New  York.— Atl.  Mo.,  79  :  733-748  ;  Scribner's 
Mag.,  20  :  418-428  ;  Rev.  of  R's,  15  :  523-524  ;  N.  Am.  Rev., 
168  :  90-100  ;  Chicago,  Rev.  of  R's,  15  :  589-591  ;  San  Fran- 
cisco, Rev.  of  R's,  19  :  569-575. 

Municipal  Art.— Harper's  Mag.,  100 :  655-666. 

City  School  Systems.— Rev.  of  R's,  20 :  94-95  ;  Forum, 
27 :  385-397. 


CHAPTER  V 

ELECTIONS  AND  PARTY  GOVERNMENT 

In  the  local  and  State  governments  of  our  country  the 

number  of  officers  elected  is  very  large  and  the  terms  of 

office  are  short ;  hence  elections  are  of  frequent  occur- 

Times  of       rence.     Town,  village,  and  city  elections  generally  occur 

filcct/ious 

in  the  spring  of  the  year,  while  State  and  county  officers 
are  elected  at  the  same  time  with  members  of  Congress, 
on  the  Tuesday  after  the  first  Monday  of  November  in 
the  even-numbered  years.  There  are,  however,  some 
exceptions  to  these  general  rules. 

Since  suffrage  qualifications  are  fixed  by  the  different 
States,*  there  are   many  variations  in   details,  though 
general  agreement  prevails   upon  the  fundamental  re- 
quirements.    1.  The  age  at  which  a  person  may  vote  is 
SufErage        uniformly  twenty-one   years.      2.  Manhood  suffrage  is 
tions.  usual.      Very  few  States  have   granted  full   suffrage  to 

women — at  present  Colorado,  Wyoming,  Utah,  and 
Idaho.  In  most  States  of  the  Union  women  vote  at 
school  elections.  3.  It  is  usual  to  require  a  residence 
of  six  months  or  one  year  in  the  State  where  a  person 
wishes  to  vote  ;  also,  a  brief  term  of  residence  in  the 
election  district.  4.  Full  United  States  citizenship  is 
required  in  a  majority  of  the  States.     In  the  others  f  a 

*  The  National  government  controls  sufiFrage  in  the  States  through 
Amendment  XV  of  the  United  States  Constitution ;  also,  indirectly 
through  Article  I,  section  2,  clause  1.  Section  2  of  Amendment  XIV 
might,  if  it  were  enforced,  act  as  a  restraint  upon  the  States  in  their 
restrictions  of  the  suffrage.     See  pp.   142-143. 

+  Alabama,  Arkansas,  Colorado,  Indiana,  Kansas,  Michigan,  Missouri, 
Nebraska,  Oregon,  South  Dakota,  Texas,  Wisconsin. 

48 


Elections  and  Party  Government  49 

foreigner  who  has  declared  his  intention  to  become  a 
citizen  is  given  the  right  to  vote. 

The  right  of  suffrage  is  withheld  from  certain 
classes  of  citizens,  such  as  the  insane  and  the  feeble- 
minded, and  those  who  have  been  convicted  of  certain 
crimes.  One  hundred  years  ago  there  were  property- 
qualifications  for  voters  in  every  State  in  the  Union. 
The  democratic  movement  of  the  first  third  of  the  nine- 
teenth century  swept  these  laws  away.  At  present  the 
payment  of  a  tax  is  a  requirement  in  a  few  States.*  In 
Connecticut,  Massachusetts,  Wyoming,  Maine,  Delaware, 
California,  and  several  of  the  Southern  States,  an  edu- 
cational qualification  has  been  fixed. f 

Within  the  last  two  decades  great  changes  have  taken 
place  in  the  manner  of  conducting  elections  in  the 
United  States,  as  the  result  of  efforts  to  check  wide- 
spread election  abuses.  Among  these  abuses  was  "  re- 
peating ; "  that  is,  voters  went  from  one  polling  place  to 
another,  voting  at  each.  It  was  comparatively  easy  to 
commit  this  fraud  in  large  cities  ;  the  enactment  of 
registration  laws  has  materially  checked  this  evil.  At  a  Registra- 
stated  time  before  an  election  the  voter  must  have  his 
name  and  residence  recorded  with  the  election  officials. 
The  registry  lists  are  published  so  that  false  registra- 
tion may  be  detected.  Such  laws  exist  in  a  majority  of 
the  States,  though  their  action  is  in  some  cases  confined 
to  the  larger  cities,  and  here  the  laws  are  sometimes  not 
strictly  enforced.  As  each  ballot  is  cast  the  voter's 
name  is  checked  in  the  registry  list.  Voters  who  have 
failed  to  register  may  "  swear  in "  their  votes  ;  that 
is,  take  oath  that  they  are  qualified  electors.  This 
opens  the  way  to  fraud  and  is  consequently  prohibited 
in  the  large  cities.     In  the  main,  it  is  recognized  that 

*  Georgia,  Pennsylvania,  Tennessee,  North  and  South  Carolina.        ^ 
t  See  pp.  142-143, 


60  Elections  and  Party  Government 

registration  must  be  a  feature  of  every  good  election 
system. 

Many  other  forms  of  election  abuses  were  checked  by 
the  adoption  of  the  Australian  ballot  system,  which  now 
exists  in  all  but  one  or  two  of  the  States.  Under  former 
election  methods,  each  political  party  printed  its  own 
list  of  candidates,  or  the  tickets  might  be  printed  by  in^ 
dividuals.  A  variety  of  frauds  might  then  be  committed. 
A  number  of  tissue-paper  ballots  were  sometimes  folded 
together  and  cast  as  one  ballot.  Candidates  could  have 
ballots  printed  like  those  of  the  rival  party  with  the  ex- 
ception of  one  or  two  names.  Or,  slips  of  gummed 
paper  (called  *' pasters")  with  the  name  of  one  candi- 
date, could  be  fastened  upon  the  ballots.  In  these  and 
similar  ways  ignorant  and  careless  voters  were  often 
The  Anstra-  deceived.  Hence  we  now  have  the  official  ballot,  printed 
system.  by  the  government,  on  which  the  names  of  all  the  can- 
didates must  appear.  Another  essential  feature  of  the 
Australian  ballot  system  is  secrecy.  This  has  effectually 
checked  bribery  at  the  polls,  for  the  buyer  of  votes  can 
no  longer  be  certain  how  any  voter  casts  his  ballot. 
The  ballots  must  be  obtained  from  election  officials 
within  the  election  booth ;  screened  shelves  are  pro- 
vided to  which  the  voter  must  immediately  take  his 
ballot  and  mark  it.  He  must  then  fold  and  cast  the 
ballot  without  communication  with  any  but  election 
officials.  "  Electioneering  "  is  prohibited  within  or 
near  a  booth. 

Two  forms  of  the  official  ballot  are  used,  as  illustrated  below. 
1.  The  original  Australian  ballot  form. 

For  Governor.  Party. 

A.  B Democratic. 

CD Prohibition. 

]E.  F Kepublican. 


Elections  and  Farty  Government 

For  Lieutenant-Governor.  Party. 

G.  H Prohibition. 

I,  J Republican. 

K.  L Democratic. 

For  Assemblyman. 

M.  N Republican. 

O.  P Democratic. 

Q.  R Prohibition. 


51 


2.  The  modified  American  form. 


State  Officers. 

Democratic. 

Prohibition. 

Republican. 

Governor 

Lieutenant  -  Gov- 
ernor   

A.  B. 
L  J. 
0.  P. 

C.  D. 
K.  L. 
Q.  R. 

E.  F. 

M.  N. 

Member    of    As- 
sembly  

S.  T. 

Individual 
Nominations. 


More  intelligence  and  care  are  required  in  the  use  of  the  first 
form ;  the  second  form  favors  the  voting  of  straight  tickets. 


The  success  of  any  ballot  system  in  preventing  frauds 
and  encouraging  independent  voting  depends  as  much 
upon  the  integrity  of  election  officials  as  upon  the  elec- 
tion machinery  provided  by  law.  It  is  customary  to 
have  the  inspectors  and  clerks  of  election  selected  from, 
the  two  leading  parties.  Challengers  are  allowed  to 
question  the  right  of  any  man  to  vote. 

After  the  polls  are  closed,  the  counting  of  votes,  or 
official  canvass,  takes  place.  Returns  from  the  election 
precincts  are  sent  to  the  city,  countyj  and  district  can- 
vassing boards  to  be  tabulated.  The  results  are  then 
sent  to  the  State  canvassing  board.  Each  board  has 
authority  to  decide  which  candidates  are  elected  within 
its  jurisdiptioQ,     Qertificate^  of  electipn  are  issiied  tp, 


The 
canvass. 


62 


Elections  and  Party  Government 


The 

nomiBation 

system. 


Party 
committeeB. 


The  caucus 
or  primary. 


successful  candidates,  and  thus  the  process  of  election 
is  completed. 

An  election  is  a  means  by  which  the  popular  will  ie 
expressed.  The  execution  of  the  judgment  thus  made 
known  by  the  voters  is  intrusted  to  the  successful  can- 
didates for  office.  But  the  election  is  only  the  final 
step  by  which  men  reach  office  ;  first  comes  the  selection 
of  candidates  by  the  political  parties.  The  process  of 
making  nominations  is  no  less  important  than  the  elec- 
tion itself. 

Party  nominations  are  generally  brought  about  by  a 
system  of  caucuses  and  conventions.  The  management  of 
these  meetings,  and  of  party  interests  in  general,  is  in 
the  hands  of  a  series  of  committees  elected  for  the  vari- 
ous governmental  divisions.  Each  party  has  a  local 
committee  in  every  town,  village,  and  ward.  There  are 
also,  for  each  party,  city  committees  for  the  manage- 
ment of  party  machinery  in  cities  ;  county  commit- 
tees ;  a  State  committee,  which  controls  campaigns  and 
determines  party  policy  in  the  State ;  and,  finally,  a  Na- 
tional committee  for  the  management  of  each  National 
party  organization.  Besides  these,  there  may  be  com- 
mittees for  each  State  Senate  and  Assembly  district, 
and  for  each  Congressional  district.  All  except  the 
local  committees  are  appointed  in  the  party  conven- 
tions.* 

A  caucus,  or  primary,  is  a  meeting  at  which  all  the 
voters  of  a  party  in  a  town,  village,  or  ward  may  assemble. 
Before  the  election  of  town,  village,  and  ward  officers, 
caucuses  will  nominate  candidates  directly.  For  all  but 
these  local  elections  {i.e.,  for  the  nomination  of  county. 
State,  and  National  officers)  a  second  step  is  necessary  •, 
the  caucuses  choose  delegates  to  conventions  where  these 


*  This  account  represents  the  party  organizations  as  complete 
a,rp  not  sp  in  many  parts  of  thie  cpujxtrjr. 


they 


Elections  and  Party  Government  53 

nominations  are  made.  Thus,  before  a  general  election, 
we  have  county  conventions  for  the  nomination  of  couuty  Political 
officers;  various  district  conventions,  where  candidates  tions. 
are  nominated  to  run  for  the  State  legislature  and  for 
the  National  House  of  Representatives  ;  State  conven- 
tions, composed  of  delegates  chosen  at  county  or  dis- 
trict conventions ;  and,  finally,  in  years  of  presidential 
elections,  there  are  stiU  other  series  of  caucuses  and 
conventions,  culminating  in  the  great  National  conven- 
tions, where  presidential  nominees  are  selected.*  It  is 
now  evident  that  party  conventions  are  representative 
bodies ;  that  they  select  party  committees  and  candi- 
dates for  office,  who  in  turn  are  supposed  to  carry  out 
the  wishes  of  the  conventions.  It  is  customary,  also, 
for  State  and  National  conventions  to  formulate  plat- 
forms ;  these  contain  statements  of  party  doctrine  and 
pledges  concerning  party  policies.  The  exact  method 
of  conducting  all  this  party  machinery  is  not  prescribed 
by  law,  but  has  become  established  through  custom. 

Let  us  now  examine  our  nominating  system  more 
closely,  with  a  view  to  discovering  its  significance.  Sev- 
eral features  are  noticeable  :  (1)  the  thorough  organiza- 
tion of  the  party  machinery  ;  (2)  its  complexity  ;  (3)  its  The  man- 
representative  character.  The  only  place  where  every  plSScai  ^ 
member  of  a  party  may  act  is  in  the  caucus.  Elsewhere,  ^*^  ^®^* 
committees  and  delegates  represent  individuals.  Be- 
cause of  these  characteristics,  much  time,  labor,  and 
skill  are  necessary  on  the  part  of  those  who  direct  suc- 
cessfully the  various  operations  leading  up  to  nomina- 
tions. Citizens  who  are  fully  occupied  with  private 
affairs  are,  therefore,  loath  to  enter  the  political  field 
with  a  view  to  exerting  influence  and  becoming  leaders 
in  these  matters.  As  a  result,  the  greatest  part  of  this 
work  of  political  organization  and  management  must 
*Seep.  252flf. 


54 


Elections  and  Party  Government 


Control  by 
a  few 


Actual 
party  gov- 
ernment. 


be  performed  by  candidates  for  office  and  government 
officials.  Generally  speaking,  tbese  are  the  men  who 
make  political  life  an  occupation,  either  temporarily  or 
permanently.  They  constitute,  it  is  needless  to  say,  a 
small  minority  of  the  total  number  of  voters.  Yet,  be- 
cause of  the  complex  organization  and  representative 
nature  of  our  political  party  machinery,  the  few  who 
engage  in  its  management  frequently  control  it  com- 
pletely, while  the  mass  of  voters  accept  the  results  of 
their  labors  and  vote  at  elections  for  party  candidates 
in  the  selection  of  whom  they  have  taken  little  or  no 
part.  Furthermore,  a  few  party  managers  may  even 
bring  about  the  nomination  of  candidates  who  are  dis- 
tasteful to  the  majority  of  voters  in  a  party,  so  that  at 
the  election  the  latter  must  decide  between  two  candi- 
dates for  office,  neither  of  whom  meets  their  approval. 
Let  us  see  how  this  is  possible. 

Usually  much  less  than  one-half,  and  in  many  places 
less  than  one-tenth  of  the  voters  attend  the  primaries. 
This  is  accounted  for  by  the  indifference  of  some,  the 
ignorance  of  others,  and  the  inability  of  still  others  to 
understand  our  complex  nominating  system.  Even  if 
a  majority  of  the  voters  attend  a  caucus,  the  smaller 
part  of  these,  if  they  are  well  organized  under  a  leader, 
will  out-vote  the  rest,  whose  votes  are  scattered  among 
a  number  of  rivals.  By  skilful  tactics,  then,  one  who 
aspires  to  a  nomination  may  secure  a  majority  of  the 
delegates  to  the  convention,  even  though  he  is  not  the 
choice  of  his  party.  In  conventions,  too,  the  conditions 
are  favorable  for  the  exercise  of  influence  by  party 
leaders.  If  few  voters  have  attended  the  caucuses,  or  if 
the  delegates  have  not  been  instructed  how  to  act,  it  is 
hardly  to  be  expected  that  the  will  of  those  who  are 
silent  or  indifferent  should  be  discovered  and  obeyed 
rather  than  the  wishes  of  those  who  take  much  pains  to 


Elections  and  Party  Government  55 

bring  about  the  results  that  they  desire.  In  the  case  of 
conventions  that  elect  delegates  to  still  other  conven- 
tions, it  is  evident  that  the  voters,  who  should  constitute 
the  real  source  of  political  power,  are  still  less  likely  to 
express  their  will  or  to  be  accurately  represented.  We 
now  see  how,  because  of  the  amount  and  complexity  of 
its  machinery,  a  party  may  come  under  the  control  of  a 
comparatively  few  men  whose  methods  may  or  may  not 
receive  the  approval  of  a  majority  of  the  voters  of  that 
party.  These  leaders  gather  about  them  subordinates 
in  various  localities,  and  these  in  turn  have  their  ad- 
herents who  can  be  depended  upon  to  work  for  the 
success  of  their  chiefs.  A  thoroughly  organized  body 
of  political  workers  who  dominate  a  party  in  this  way 
is  called  a  "machine."  Its  operations  are  generally 
directed  by  a  "ring"  or  a  "boss." 

Now  the  motives  that  inspire  the  machine  and  the 
methods  it  employs  may  be  either  good  or  bad.  Organ- 
ization, leadership,  and  machinery  are  always  necessary 
to  secure  harmonious  action  in  bodies  of  men.  But  the  Machine 
opportunities  for  corruption  in  our  party  system  are 
many  ;  so  that  the  politicians  who  will  make  freest  use 
of  corrupt  means  to  gain  their  ends  are  very  apt  to  suc- 
ceed, when  those  who  are  less  unscrupulous  will  fail. 
Consequently,  the  phrase  "machine  politics"  is  gen- 
erally understood  as  referring  to  political  methods  that 
have  little  to  recommend  them,  if  they  are  not  thor- 
oughly bad. 

The  machine  may  get  control  of  caucuses  by  making 
lists  of  the  voters  qualified  to  take  part  in  them,  exclud- 
ing, on  some  pretext,  all  who  oppose  its  own  plans;  or,  ^' wire- 
by  the  distribution  of  favors,  "  treats,"  and  the  promises 
of  "jobs,"  the  machine  gathers  adherents  sufficient  in 
number  to  outvote  the  citizens  who  are  not  so  thor- 
oughly organized.     In  conventions,  promises  of  appoint- 


politics. 


pulling.' 


56  Elections  and  Party  Government 

ments  to  office  in  exchange  for  votes  ;  combinations  of 
politicians  to  help  each  other  regardless  of  merit  or 
public  interests ;  even  the  direct  use  of  money  in  buy- 
ing votes— these  are  methods  not  infrequently  used  to 
secure  the  control  of  nominations. 

How  to  cure  the  evils  we  have  described  is  one  of  the 
greatest  political  problems  of  the  day.  Some  progress 
Reform  of  has  been  made  toward  reform  by  the  enactment  of 
poutics.  primary  reform  laws.  By  these  laws  the  entire  process 
of  conducting  caucuses  is  put  under  the  control  of  the 
local  government,  just  as  elections  are.  The  secret 
ballot  is  required.  Regularity  and  publicity  of  pro- 
ceedings are  thus  secured,  and  the  control  of  caucuses 
by  a  few  men  is  made  more  difficult.  As  another 
measure  of  reform,  the  direct  nomination  plan  has  been 
proposed.*  Under  it  all  nominating  conventions  are 
abolished.  Names  of  candidates  (as  for  the  office  of 
governor,  congressman,  or  sheriff)  are  proposed  by  peti- 
tions signed  by  voters.  On  primary  election  day  each 
voter  casts  his  ballot  directly  for  the  man  whom  he 
wishes  to  see  the  candidate  of  his  party.  The  person 
receiving  the  largest  number  of  votes  is  declared  the 
nominee  of  his  party.  This  method  is  a  part  of  the 
original  Australian  election  system. 

The  corrupt  expenditure  of  money  in  political  cam- 
paigns has  been  met  in  many  States,  more  or  less  suc- 
cessfully, by  corrupt  practices  acts.  Heavy  penalties 
are  provided  for  such  offences,  and  candidates  are  re- 
quired to  make  sworn  statements  of  all  their  campaign 
expenditures. 

Party  action  is  a  vital  part  of  our  government.     The 

*  Direct  nominations  are  the  rule  in  several  Southern  States  where 
there  is  practically  but  one  political  party;  in  some  New  England 
cities ;  in  certain  counties  of  Pennsylvania,  Iowa,  and  Indiana ;  and  this 
has  recently  (1901)  become  the  legal  system  of  Minnesota. 


Elections  and  Party  Government  57 

citizen  may,  if  he  will,  participate  in  the  conduct  of  Theciti- 
government  more  frequently  and  more  effectively 
through  his  party  than  in  any  other  way.  For  par- 
ties not  only  select  candidates  and  formulate  policies ; 
they  conduct  educational  work  in  campaigns,  they 
detect  frauds  committed  by  their  opponents,  deter- 
mine appointments  to  positions  in  government  service, 
and  control  the  action  of  legislators  and  executive 
officials.  Good  government  depends  in  no  small 
measure  upon  the  proper  exercise  of  these  functions. 
The  duty  of  voting  at  elections  is,  therefore,  a  small 
part  of  the  citizen's  whole  duty.  When  a  party  falls 
into  the  control  of  a  few  unscrupulous  men,  not  only 
they,  but  also  the  respectable  citizens  who  refuse  to  par- 
ticipate in  party  activities,  should  be  held  responsible. 

This  does  not  mean  that  the  citizen  should  follow  his  independ- 
ent action 
party  when  he  thinks  it  wrong,  or  when  he  cannot  con-  in  pontics. 

scientiously  vote  for  its  candidates.     He  can  sometimes 

best   serve   his   party   by   turning   against  it,   for   the 

fear  of  such  independent  action  will  sometimes  restrain 

party  leaders  when  nothing  else  will.     In  this  way  many 

reforms  have  been  brought  about,  for  naturally  enough, 

party  leaders  are  loath  to  reform  abuses  that  tend  to 

perpetuate  their  power. 


Supplementary  Questions  and  References. 

1.  In  your  State — 

What  are  the  times  fixed  for  elections  ? 

The  qualifications  of  voters  ? 

The    legal    regulations    governing    registration  —  the 

ballot — provisions  for  secrecy — election  officers — the 

official  canvass  ? 

2.  For  the  history  of  the  Australian  ballot  system  see 
Johnson's  Encyclopedia,  Ballot  Reform ;  Bliss,  Encyclo- 
pedia of  Social  Reform. 


68  Elections  and  Party  Government 

3.  Why  are  women  given  the  right  to  vote  in  school, 
municipal,  or  financial  matters  only,  in  some  States  ? 

4.  Should  women  be  given  the  full  right  of  suffrage? 
Century  Mag.,  48  :  469-470  ;  605-613  ;  613-623  ;  Outlook, 
56:405-408;  57:  789,  964;  64:697-698. 

5.  Do  you  believe  in  a  property  qualification  for  voters  ? 
An  educational  qualification  ? 

6.  Should  aliens  who  have  declared  their  intention  to 
become  citizens  be  given  the  franchise  ? 

7.  The  laws  of  a  number  of  States  permit  the  use  of 
voting  machines.     See  Forum,  28  :  90-93. 

8.  Follow  in  detail  the  steps  leading  to  a  general  election 
in  your  State  : 

(1)  Notices  of  election — when  and  by  whom  issued. 

(2)  Action  of  party  committees. 

(3)  Method  of  nomination  of  county  and  State  officers 
and  Representatives  in  Congress. 

(4)  Party  platforms. 

(5)  Conduct  of  the  campaign — raising  and  expendi- 
ture of  money — distribution  of  literature — political 
speeches,  etc. 

9.  How  many  caucuses  and  conventions  were  held  in 
your  election  district  during  the  last  general  election  year? 
How  many  candidates  were  nominated  ? 

10.  Why  are  the  terms  "politician"  and  "machine" 
so  frequently  used  in  a  bad  sense  ? 

11.  A  very  full  discussion  of  our  party  system  is  that 
found  in  Bryce,  Vol.  II,  chapters  53-75.  See  also  Bliss, 
Encyclopedia  of  Social  Reform ;  The  Business  Man  in 
Politics,  N.  Am.  Rev.,  151  :  576-581 ;  Grreenhalge,  Prac- 
tical Politics,  N.  Am.  Rev.,  162  :  154-159 ;  Money  in  Poli- 
tics and  Elections,  Century  Mag.,  44  :  940-952 ;  952-953  ; 
On  Voting  Straight,  Century  Mag.,  55  :  475-476 ;  The 
Boss  System,  Forum,  23  :  396-408;  Harper's  Mag.,  97: 
182-190. 

12.  Primary  reform.  Remsen,  Primary  Elections  ;  Out- 
look, 56  :  9-11 ;  57  :  950-952  ;  58  :  176-177,  etc. ;  Nation, 
65  :  431-432  ;  66  :  161-162;  Atlantic  Mo.,  79  :  450-467; 
Arena,    17  :  1013-1023 ;    19  :  729-739 ;    Rev.    of    R's,    16 : 


Elections  and  Party  Government  59 

322-334 ;  17  :  472-474 ;  583-589  ;  Forum,  25  :  99-108 ;  N. 
Am.  Rev.,  164  :  92-105;  The  Minnesota  Experiment,  Out- 
look, 62  :  150-151. 

13.  Comparisons  of  English  and  American  party  sys- 
tems. N.  Am.  Rev.,  156  :  105-118;  Harper's  Mag.,  101: 
329-341. 

14.  The  duties  of  citizenship.  Godkin,  Duty  of  Edu- 
cated Men  in  a  Democracy,  Forum,  17  :  39-51  ;  Roosevelt, 
What  Americanism  Means,  Forum,  17  :  196-206 ;  The 
Manly  Virtues  and  Practical  Politics,  Forum,  17:  551-557 ; 
True  American  Ideals,  Forum,  18  :  743-750 ;  Civic  Duty, 
Nation,  57  :  4-5. 


CHAPTER  VI 


PUBLIC    FINANCES 


The 

necessity 
for  taxa- 
tion. 


Valuation 
of  property. 


No  operations  of  government,  even  tlie  most  funda- 
mental and  necessary,  can  be  carried  on  without  the  ex- 
penditure of  money.  To  meet  this  expenditure,  those 
who  are  benefited  by  the  protection  and  security  that 
government  affords  must  be  taxed.  Moreover,  as  gov- 
ernmental functions  are  extended  to  include  the  fur- 
nishing of  conveniences  and  the  maintenance  of  insti- 
tutions that  instruct  and  elevate  the  people,  increased 
outlays  of  money  become  necessary,  and,  consequently, 
more  extensive  taxation.  The  importance  of  this  sub- 
ject is  apparent,  for  great  possibilities  for  both  good  and 
evil  reside  in  systems  of  taxation  and  methods  of  ex- 
pending public  money. 

Many  different  forms  of  taxation  are  employed,  but 
the  tax  on  property  is  found  in  every  State  of  the  Union. 
As  the  first  step  in  determining  what  amount  of  taxes  a 
property-owner  shall  pay,  a  valuation  is  placed  upon  his 
property  by  local  or  county  officers  called  assessors.  The 
assessment  roll  contains  the  name  of  each  tax-payer,  with 
a  list  of  his  property  and  its  value.  State  laws  usually 
require  that  this  be  full  cash,  or  actual,  value;  but  under- 
valuation is  the  rule  rather  than  the  exception.  Since 
the  amount  of  an  individual's  taxes  depends  upon  the 
assessed  value  of  his  property,  it  is  natural  that  prop- 
erty-owners should  frequently  think  that  their  assess- 
ments are  too  high.  They  are  accordingly  allowed  to 
appeal  to  a  local  board,  which  has  the  power  to  review 

60 


Public  Finances  61 

and  correct  assessment  rolls  by  lowering  or  raising 
valuations.  The  board  may  also  add  to  tbe  list  of  prop- 
erty recorded  on  the  roll,  and  may  strike  out  property 
that  is  illegally  assessed. 

Now,  just  as  there  is  difficulty  in  fixing  satisfactorily 
the  valuation  of  each  individual's  property,  so  a  similar 
difficulty  is  experienced  in  adjusting  valuations  among 
the  villages,  towns,  and  cities.  For  the  county  and  State  Equaiiza- 
taxes  that  each  local  unit  must  pay  depend  upon  its  total  valuations, 
valuation.  Each  assessor  is  tempted  to  keep  valuations 
low  in  order  that  his  local  unit  may  not  be  heavily  taxed. 
To  remedy  this  difficulty,  a  county  board  of  equalization 
is  provided,  which  has  the  power  to  raise  and  lower 
valuations,  as  shown  in  the  assessment  rolls.  In  some 
States  this  board  may  change  individual  valuations  ;  in 
others  simply  the  total  valuation  of  each  local  unit. 
Again,  we  have  a  like  difficulty  in  the  next  step  of  the 
process.  The  amount  of  taxes  which  the  property-own- 
ers of  a  county  will  be  called  upon  to  raise  for  State  pur- 
poses will  depend  upon  the  valuation  of .  the  property  in 
the  county.  Consequently  county  authorities  are  apt 
to  think  it  incumbent  upon  them  to  see  that  their  valua- 
tions are  low,  so  that  their  tax  will  be  low.  To  correct 
this  tendency  toward  undervaluation,  State  boards  of 
equalization  have  been  established  in  many  States,  with 
power  to  review  the  county  assessments  and  to  place 
them  on  a  basis  of  relative  equality. 

So  far  we  have  been  considering  the  method  of  fixing 
the  value  of  property  for  taxing  purposes.  The  actual 
amount  of  tax  to  be  paid  into  the  public  treasury  is  de- 
termined in  the  following  manner  :  At  each  meeting  of  Determina. 
the  State  legislature  appropriations  for  various  State  the  rate, 
purposes  are  made.  From  this,  the  amount  of  money 
to  be  raised,  or  the  rate  of  taxation  to  be  levied,  may  be 
easily  calculated.     The  total  amount  to  be  raised  is  ap- 


62 


Public  Finances 


Exemp- 
tions. 


Undervalu- 
ation. 


portioned  among  the  counties  in  proportion  to  theii 
valuations.  In  each  county  the  authorities  add  to  their 
quota  of  the  State  taxes  the  amount  to  be  raised  for 
county  purposes  and  apportion  the  total  among  the 
local  units.  Each  local  legislative  board  determines  the 
local  tax  levy  for  the  ensuing  year,  and  to  this  is  added 
the  tax  that  must  be  raised  for  county  and  State  pur- 
poses. The  rate  of  taxation  may  then  be  computed  by 
dividing  the  total  amount  to  be  raised  in  a  collection  dis- 
trict by  the  total  valuation  of  property  in  that  district. 

The  property-owner  pays  taxes  but  once  each  year, 
and  he  seldom  knows  what  share  of  his  payment  goes 
toward  the  support  of  each  government  that  taxes  him. 
In  some  States  the  payment  is  made  to  the  local  treas- 
urer, and  in  others  to  the  county  treasurer  or  collector. 
When  local  treasurers  collect  taxes  they  deduct  the 
amount  raised  for  local  purposes  before  sending  the  bal- 
ance to  the  county  treasurer.  After  the  amount  levied 
for  county  purposes  has  been  kept  out,  the  county  treas- 
urer sends  the  balance  to  the  State  treasurer,  and  thus 
the  process  is  completed.  The  failure  to  pay  taxes  renders 
property  delinquent.  It  may  then  be  seized  and  sold. 
After  taking  the  amount  due  for  taxes  and  expenses, 
the  remainder,  if  any,  is  returned  to  the  original  owner. 

Some  descriptions  of  property  are  quite  uniformly 
exempted  from  taxation  ;  such  are,  all  property  belong- 
ing to  Federal,  State,  or  local  governments,  and  the  prop- 
erty of  educational,  religious,  scientific,  and  benevolent 
associations.  In  some  States,  also,  a  certain  amount  of 
the  personal  property,  such  as  the  household  furniture, 
of  each  property-owner  is  exempt  from  taxation. 

From  the  foregoing  account  of  the  processes  of  valua- 
tion and  equalization,  it  is  evident  that  the  working  of 
our  general  property-tax  system  is  far  from  perfect. 
The  practice  of  undervaluing  property  in  the  assessment 
rolls  is  almost  universal  and  is  productive  of  great  ixL- 


Public  Finances  6^3 

Justice.  In  any  single  locality  the  uniform  undervalua- 
tion of  property  works  no  injury,  so  far  as  the  raising 
of  local  taxes  is  concerned  ;  this  simply  raises  the  rate. 
In  many  communities  there  is  a  uniform  and  well  un- 
derstood ratio  between  the  real  and  the  assessed  value. 
But  when  the  degree  of  undervaluation  differs  materi- 
ally in  the  communities  of  the  same  county  or  in  the 
counties  of  a  State,  inequality  of  taxation  is  the  result. 
County  and  State  boards  of  equalization  are  not,  as  a 
rule,  successful  in  correcting  the  evils  occasioned  in  this 
way. 

The  following  statistics  are  illustrative  of  conditions  that  exist 
throughout  the  country.  In  Minnesota,  farms  that  sold  for  less 
than  $1,000  were  assessed  at  50  or  60  per  cent,  of  actual  selling 
prices ;  while  farms  worth  between  $3,000  and  $5,000  were  assessed  . 
at  36  per  cent,  of  their  selling  prices.  Of  thirty  Chicago  resi- 
dences, ranging  in  value  from  $20,000  to  $1,300,000,  the  highest 
assessment  was  12.23  per  cent,  of  true  value.  The  average  was 
7.78  per  cent.  The  residence  of  highest  value  was  assessed  at  5.54 
per  cent,  of  true  value.  In  New  York  State,  107  estates  recorded 
on  court  records  as  worth  $215,000,000  (not  including  the  value 
of  non-taxable  securities)  were  valued  on  assessment  rolls  at 
$3,500,000. 

Another  evil,  even  greater  than  the  one  just  stated, 
results  from  the  fact  that  personal  property  quite  gen-  Real  estate 
erally  escapes  taxation.     Property  is  divided  into  two  personal 
classes :  real  estate,  which  includes  land  and  the  fixtures  P'*"P®^*y- 
thereon,  as  buildings  and  improvements  ;  and  personal, 
which  includes  all  other  property.    Under  the  head  per- 
sonal property  are  placed  furniture,  clothing,  jewelry, 
merchandise,  farm  products,  live-stock,  machinery,  books 
and  pictures,  money,  stocks,  bonds,  mortgages,  notes, 
and  credits.     Now  it  is  apparent  that  many  of  these 
things  have  values  that  an  assessor  cannot  easily  ascer- 
tain by  inspection  ;  other  articles  mentioned  in  the  list 
are  easily  concealed.    As  a  consequence,  the  appearance 


64 


Public  Finances 


of  personal  property  on  the  assessment  rolls,  and  its 
assessment  at  values  that  are  anywhere  near  actual 
value,  depend  upon  the  honesty  of  property-owners.  In 
most  States,  assessors  may,  and  in  some  States  they 
must,  take  a  sworn  statement  from  each  property-owner 
as  to  the  actual  value  of  his  property  ;  but  this  does  not 
effectively  correct  the  evil.  Those  who  make  honest  re- 
turns are  apt  to  be  of  the  poorer  class,  besides  those  who 
have  legal  control  of  property  belonging  to  orphans, 
widows,  and  dependent  persons,  for  the  value  of  these 
estates  is  a  matter  of  probate  court  record.  At  this 
point,  then,  the  general  property  tax  is  the  source  of 
gross  injustice  and  fraud. 

Two  propositions  are  agreed  upon  by  competent  authorities.  1. 
The  value  of  personal  property  has  immensely  increased  within  re- 
cent years.  2.  The  personal  property  is  in  most  States  equal  in 
value  to  the  real  estate.  Yet  the  assessed  value  of  personal  prop- 
erty decreased  in  Ohio  between  1883  and  1885  ;  in  Illinois  between 
1873  and  1893 ;  in  New  York  between  1875  and  1885 ;  and  in  the 
United  States  as  a  whole  between  1860  and  1880.  In  New  York 
the  assessed  value  of  personal  property  was,  within  recent  years,  12 
per  cent,  that  of  real  estate  ;  in  New  Jersey,  17  per  cent. ;  in  Illinois, 
17  per  cent. ;  in  Indiana,  26  per  cent. ;  in  Massachusetts,  22  per 
cent. ;  and  in  Pennsylvania,  20  per  cent.  According  to  the  census 
of  1890,  real  estate,  throughout  the  country,  was  assessed  at  one- 
half,  and  personal  property  at  one-fourth,  actual  value. 

Even  an  honest  attempt  to  administer  the  general 
Problems  of  property  tax  will  involve  many  vexatious  problems.  If 
real  estate  is  taxed,  should  a  mortgage  on  it  be  taxed 
also?  Should  the  debts  of  a  tax-payer  be  deducted 
from  his  credits,  if  the  latter  are  taxed?  If  the  prop- 
erty of  a  corporation  is  taxed,  should  the  stock-holders 
be  taxed  on  their  respective  holdings  of  stock  ?  Simi- 
larly, troublesome  questions  arise  concerning  the  place 
where  property  shall  be  assessed.  Too  often,  unscien- 
tific  methods,  in  the^e  Q,iid  other  matters,  result  iji 


Personal 
property 
escapes 
taxation. 


taxation. 


Public  Finances  65 

double  taxation — the  imposition  of  a  tax  on  the  same 
property  twice. 

In  spite  of  the  serious  defects  of  the  property  tax,  no 
single,  practical  substitute  has  been  discovered  and  put 
into  operation.  Public  interest  has  been  aroused  upon 
this  subject,  however,  and  methods  of  taxation  in- 
tended to  correct  the  inequalities  of  the  property  tax 
have  been  adopted  in  many  States.  There  is  a  growing 
practice  of  using  special  methods  for  the  taxation  of 
corporations.  In  a  few  States,  a  general  corporation  tax  Corpora- 
is  imposed  which  is  a  fixed  rate  on  the  capital  stock,  or 
the  earnings,  of  all  corporations  doing  business  in  those 
States.  Again,  the  rules  of  taxation  applied  to  different 
classes  of  corporations  may  vary  in  the  same  State.  The 
taxation  of  railroad  property  by  local  authorities  has 
been  quite  generally  abandoned,  on  account  of  the 
inequalities  of  assessment  under  this  plan.  In  some 
States  a  special  board  values  all  railroad  property  in 
the  State  ;  in  others  this  property  is  not  taxed,  but 
instead  a  tax  is  laid  on  the  gross  earnings,  mileage,  or 
capital  stock  of  these  corporations.  Telegraph,  tele- 
phone, express,  and  insurance  companies  are  also  sub- 
ject to  special  taxes  based  on  gross  receipts,  mileage  of 
wires,  etc.  Franchise  taxes  are  becoming  increasingly  Franchise 
common  in  the  States.  Individuals  and  corporations 
operating  water,  lighting,  and  street-car  plants  are  con- 
sidered as  possessing  valuable  property  in  the  right, 
vested  in  them  by  their  franchises,  of  using  the  streets. 
This  privilege,  it  is  said,  as  well  as  their  tangible  prop- 
erty, is  a  source  of  their  income,  and  so  should  be 
taxed. 

The  feeling  that  under  the  general  property  tax  the 
very  wealthy  escape  their  fair  share  of  the  burden  has 
led  to  the  enactment  of  inheritance  and  income  taxes. 
The   former    is  the    more   common,    the   rates  being 


66 


Public  Finances 


Inheritance 
and  income 


Poll-tax. 


Licenses. 


Fees. 


Charges. 


higher  on  collateral  bequests,  i.e.,  those  descending  to 
othei'S  than  the  immediate  family  of  the  deceased.  This 
tax  is  easily  collected,  since  probate  court  records  con- 
tain the  amounts  bequeathed.  Income  taxes  are  not  so 
easily  collected,  since  the  same  difficulties  are  encoun- 
tered in  the  assessment  of  incomes  as  in  that  of  personal 
property.  A  few  States,*  however,  levy  this  tax.  There 
is  always  an  exemption  of  a  minimum  amount  of  in- 
come. In  both  inheritance  and  income  taxes,  it  is  cus- 
tomary to  make  the  rates  progressive  ;  the  larger  the 
amount  taxed,  the  higher  the  rate  of  taxation. 

We  must  now  consider  numerous  other  forms  of  tax- 
ation and  sources  of  revenue.  The  poU-tax,  a  fixed  sum 
payable  by  male  persons  between  certain  ages,  is  col- 
lected in  some  States,  though  prohibited  in  others. 
Another  means  of  obtaining  revenue  is  through  the 
sale  of  licenses.  In  addition  to  the  liquor  dealer's  license, 
which  is  most  common,  auctioneers,  showmen,  pedlers, 
hackmen,  and  draymen  are  licensed.  Besides  the  rev- 
enue gained,  the  governments  find  the  license  system 
advantageous  as  a  means  of  controlling  these  occupa- 
tions, f  Grovernment  revenue  is  also  derived  by  the 
exaction  of  fees  for  the  performance  of  official  services. 
These  fees  are  frequently  a  perquisite  of  the  officer  per- 
forming the  services  ;  but  many  times  it  is  found  more 
economical  to  pay  the  officer  a  salary  and  turn  the  fees 
into  the  public  treasury. 

When  a  government  owns  property  that  is  used  by 
individuals  or  corporations,  a  charge  is  made  that  be- 
comes a  part  of  public  revenue.  Under  this  head  come 
the  tolls  collected  for  the  use  of  roads,  bridges,  and 
docks ;  the  income  derived  from  the  rent  of  land  and 
water  privileges ;  and  the  charges  made  for  water,  for 
lights,  and  for  street-car  transportation  when  the  plants 

*  Virginia  and  Massachusetts,      t  See  Police  Powtrs,  pp.  101-102. 


Public  Finances  67 

furnishing  these  conveniences  are  owned  by  municipali- 
ties.    In  cities,  we  find  the  practice  of  levying  special  Special  as- 

S668II16IltS 

assessments  upon  property  that  has  been  enhanced  in 
value  by  virtue  of  some  public  improvement,  as,  the 
pavement  of  a  street.  This  tax  may  be  made  to  cover 
the  greater  part  of  the  expense  involved  in  making 
the  improvement. 

The    honest   and   economical  expenditure  of  public 
money  is  a  matter  of  no  less  importance,  and  of  no  less 
difficulty,  than  equitable  taxation.     The  power  to  make 
appropriations  is  almost  exclusively  exercised  by  legi^-   Appropria- 
lative  bodies  :  town   meetings  and   boards,  village  and  expenditure 
county  boards,  city  councils,  and  State  legislatures.  Fre-  ^  ™*^"^y- 
quently  the  actual  expenditure  of  money  is  made  by 
committees   of  these   bodies.     Otherwise   it  is   in   the 
hands  of  executive  and  administrative  officers.     A  good 
system  of  public  accounts  requires  that  these  officers 
shall  be  directly  responsible  to  the  local  governing  board 
or  to  a  special  officer  called  comptroller  or  auditor.    The 
accounts  of  every  officer  who  handles  public  funds  should 
be  audited ;  the  sources  of  each  part  of  the  money  re-  Auditing 
ceived  by  him  should  be  correctly  acknowledged.     He 
should  present  vouchers,  or  receipts,  for  every  amount 
expended,  and  each  expenditure  should  be  properly  au- 
thorized by  law. 

In  rural  communities  and  in  small  cities  the  appro- 
priation and  expenditure  of  money  is  conducted  with 
due  regard  to  economy  and  honest  administration ; 
public  affairs  are  not  too  extensive  nor  complex  to  be 
comprehended  and  watched  by  the  tax -payers.  Popular  corrupt 
election,  also,  serves  as  a  check  on  official  misconduct. 
But  great  abuses  are  frequently  present  in  the  financial 
administration  of  large  cities  and  in  many  State  govern- 
ments. Under  the  influence  of  a  corrupt  lobby,  a  city 
council  or  a  legislature  sometimes  makes  extravagant 


debts. 


68  Public  Finances 

appropriations  that  further  merely  local  or  private  in- 
terests. Legislators  have  been  known  to  receive  com- 
pensation from  contractors  in  whose  favor  large  appro- 
priations were  made.  These  abuses  have  brought  about 
the  enactment  of  constitutional  restraints  upon  the 
character  and  amounts  of  appropriations  that  may  be 
PubUc  made.     Like  restraints  are  found  in  the  debt  limitations 

fixed  by  many  State  constitutions.  Local  governments 
are  often  required  to  submit  to  the  voters  propositions 
to  create  local  debts.  In  spite  of  these  restrictions,  the 
amount  of  local  and  State  indebtedness  is  larger  than 
the  debt  of  the  National  government,  municipal  indebt- 
edness having  increased  at  a  very  rapid  rate  within 
recent  years. 

Supplementary  Questions  and  References. 

1.  Study  the  system  of  taxation  in  your  State,  making 
comparisons  with  the  methods  described  in  this  chapter. 

2.  What  is  the  present  rate  of  taxation  in  your  locality  ? 
What  parts  of  this  rate  provide  for  local,  county,  State,  and 
school  taxes  respectively  ?  To  what  extent  is  there  under- 
valuation ?  Do  the  boards  of  equalization  correct  varia- 
tions in  valuations  ?  Does  personal  property  bear  its  share 
of  taxation  ?  What  remedies  do  you  suggest  for  abuses 
that  exist  in  these  matters  ?   What  is  fundamentally  wrong  ? 

3.  How  would  you  answer  the  questions  stated  on  page 
64?  See  Ely,  Taxation  in  American  States  and  Cities; 
Seligman,  Essays  on  Taxation ;  Encyclopedia  Articles ; 
Plehn,  Introduction  to  Public  Finance. 

4.  For  general  descriptions  of  State  taxation  see  Bryce, 
I,  chapter  43  ;  Encyclopedia  of  Social  Reform. 

5.  Is  a  tax  on  the  gross  earnings  of  a  corporation  equal 
to  one  of  the  same  rate  on  its  property?  Outlook, 
68  :  3. 

6.  How  do  you  justify  the  progressive  rates  levied  in 
inheritance  and  income  taxes  ?  Are  special  assessments  a 
just  means  of  taxation  ?    Is  the  poll-tax  just  ? 


Public  Finances  69 

7.  Examine  the  financial  reports  of  your  local,  county, 
and  State  officers  to  ascertain  the  sources  of  revenue  and 
the  purposes  of  expenditure.  In  each  case,  what  is  the 
process  of  auditing  accounts  ? 

8.  Should  church  property  be  exempted  from  taxation  ? 
Forum,  17  :  372-379  ;  434-442. 

9.  Should  the  State  enact  an  inheritance-tax  law? 
Forum,  23  :  257-270  ;  N.  Am.  Rev.,  164  :  634-636. 

10.  Should  the  State  enact  an  income-tax  law  ?  Arena, 
3  :  525-540. 

(See  also  references  to  Federal  income  tax,  p.  252  ff.) 

11.  Taxation  of  Personal  Property,  Nation,  66  :  220-221 ; 
Outlook,  52  :  397-398  ;  Taxation  of  Franchises,  N.  Am. 
Rev.,  168  :  730-738 ;  Taxation  of  Corporations,  Nation, 
68  :  370  ;  Taxation  of  Mortgages,  Outlook,  64  :  243-244. 


CHAPTER  Vn 

JUDICIAL  TRIALS 

Thus  far  in  our  study  of  government  we  have  had  in 
mind  chiefly  the  processes  by  which  laws  are  enacted, 
and  executed  or  administered.  If  all  men  could  agree 
upon  the  exact  meaning  of  these  laws,  and  if  all  were 
disposed  to  obey  them,  little  more  government  than  has 
been  described  would  be  needed.  Because  neither  of 
these  suppositions  is  true,  another  distinct  department 
of  government — the  judiciary — becomes  necessary. 

Cases  arise  through  differences  in  the  interpretation 
of  law  and  through  its  violation.     There  are  two  kinds 

Civil  cases,  of  cases,  civil  and  criminal.  When  one  party  to  a  suit 
(the  plaintiff)  brings  action  against  the  other  (the  de- 
fendant) for  the  protection  or  enforcement  of  a  private 
right,  we  have  a  civil  case.  Some  common  examples 
of  civil  cases  are  those  involving  questions  of  the 
fulfilment  of  contracts;  the  relations  of  employer 
and  employee  ;  the  possession  of  property ;  the  col- 
lection of  debts  ;  and  the  validity  of  deeds  and  mort- 
gages. 

In  a  criminal  case  it  is  charged  that  a  wrong  has  been 
committed,  in  most  instances  against  an  individual,  but 

Criminal  of  such  a  nature  that  the  public  peace,  dignity,  and 
security  are  also  affected.  These  criminal  acts  are 
defined  by  law,  and  penalties  have  been  affixed  to  their 
commission.  At  the  same  time  the  injured  person  is 
generally  entitled  to  compensation,  or  damages,  for 
the  wrong  he  has  received.     Because  public  interests 

70 


cases. 


Judicial  Trials  71 

suffer  from  the  commission  of  crime,  the  State  is  plaintiff 
in  all  criminal  cases. 

The  methods  of  procedure  in  ordinary  cases  are  very 
similar  throughout  all  the  States.  In  a  criminal  case, 
formal  complaint  must  first  be  made  before  a  justice  of 
the  peace  or  other  judicial  officer.  A  warrant  for  the 
arrest  of  the  supposed  criminal  will  then  be  issued.  The  Arrest 
arrest  may  precede  these  steps  if  the  criminal  is  caught 
in  the  act.  If  the  crime  charged  is  a  minor  offence,  the 
trial  may  take  place  at  once  in  the  justice  or  munici- 
pal court.  A  more  serious  offence,  however,  must  be 
tried  in  a  higher  court — the  district,  circuit,  or  supe- 
rior court  of  the  county. 

The  constitutions  of  most  States  provide  that  no  per- 
son shall  be  held  to  answer  for  a  criminal  offence  of  a 
serious  nature  unless  on  presentment  or  indictment  of 
a  grand  jury.  In  those  States,  the  justice  court  merely  The  grand 
examines  into  the  evidence  sufficiently  to  ascertain 
whether  the  accused  shall  be  held  until  the  next  session 
of  the  grand  jury.  This  is  composed  of  citizens  chosen 
by  lot  from  the  county.  Its  sessioiis  occur  at  stated 
times  and  are  secret.  The  district  attorney  presents  to 
it  evidence  against  persons  supposed  to  have  committed 
criminal  acts,  and  witnesses  are  brought  before  it,  who 
are  required  to  give  evidence.  If  there  is  probability 
of  guilt  in  any  instance,  the  person  charged  is  indicted  ;  indictment, 
that  is,  he  is  held  for  trial.  He  may  be  imprisoned,  or 
released  on  bail.  A  bail-bond  is  signed  by  sureties.  Bail, 
who  agree  to  forfeit  a  certain  sum  of  money  if  the  pris- 
oner does  not  appear  at  the  trial.  The  arrest  and  exam- 
ination of  accused  persons  by  a  local  justice  need  not 
precede  the  action  of  the  grand  jury.  The  district  attor- 
ney often  produces  evidence  against  persons  who  as  yet 
stand  unaccused  ;  if  the  grand  jury  indicts  them,  they 
are  at  once  arrested.     The  grand  jury  need  not  await 


72 


Judicial  Trials 


Present- 
ment. 


Petit  and 
trial  juries. 


The  process 
of  trial. 


Verdict  and 
judgment. 


the  action  of  the  attorney,  but  may  proceed  to  investi- 
gate supposed  cases  of  wrong-doing.  If  it  concludes 
that  certain  persons  should  be  brought  to  trial  for 
offences,  they  are  presented. 

In  some  States  the  grand  jury  has  been  dispensed  with,  for  ordi- 
nary cases,  and  all  proceedings  preliminary  to  the  trial  are  conducted 
in  a  justice  court,  or  other  court  inferior  to  the  one  having  jurisdic- 
tion to  try  the  case.  These  proceedings  are  called  the  preliminary 
examination.  The  lower  court  is  given  authority  to  decide,  after 
hearing  the  evidence  presented,  whether  the  accused  shall  be  held 
for  trial.  In  extraordinary  cases,  however,  provision  is  made  for 
calling  a  grand  jury. 

For  the  trial  of  cases  in  the  principal  court  of  a 
county  a  petit  jury  is  provided.  The  juries  are  sum- 
moned by  venire  and  are  obliged  to  be  in  attendance  at 
the  court  during  its  session.  When  a  case  requiring  a 
jury  is  called,  a  trial  jury  is  selected  by  lot  from  the 
list  of  petit  jurors.  As  the  names  of  these  are  drawn, 
any  juror  may  be  challenged  by  either  party  to  the  case. 
He  will  be  excused  by  the  judge  from  serving  on  the 
trial  jury  if  good  reasons  are  shown.  Each  side  is 
allowed  to  reject  a  certain  number  of  jurors  without 
giving  reasons  ;  that  is,  by  peremptory  challenges.  The 
drawing  of  names  must  continue  until  twelve  are  se- 
cured who  are  eligible  to  serve  in  the  trial  of  this  case. 

In  the  meantime,  witnesses  have  been  subpoenaed, 
and  the  case  begins  by  the  direct  examination  of  its 
witnesses  by  the  prosecution.  They  are  cross-examined 
by  the  defendant's  attorney,  and  the  testimony  of  the 
defendant's  witnesses  follows.  Then  come  the  argu- 
ments of  the  lawyers.  The  judge  charges  the  jury  as 
to  the  law  that  applies  in  the  case  and  it  then  retires 
from  the  court  to  decide  what  facts  have  been  proved 
by  the  evidence.  The  verdict  of  the  jurj^  is  followed  by 
the  judgment  rendered  by  the  court.     If  found  guilty, 


Judicial  Trials  73 

sentence  is  pronounced  against  tlie  prisoner,  though 
the  judge  may,  if  the  verdict  grossly  violates  law  or 
justice,  set  it  aside.  Execution  of  judgment  is  the 
carrying  out  of  the  court's  decision  by  the  sheriff  or 
other  executive  officer. 

Throughout  these  proceedings  the  presumption  fa- 
vors the  innocence  of  the  prisoner  ;  the  State  must 
prove,  beyond  a  reasonable  doubt,  that  he  is  guilty. 
The  judge  decides  legal  questions  that  may  arise  con- 
cerning the  conduct  of  the  trial.  Either  party  may  make 
objections  to  these  rulings,  and  the  defeated  party  may 
make  its  exceptions  to  the  court's  decisions  the  basis 
for  a  demand  for  a  new  trial,  or  for  an  appeal  to  a  Appeals, 
higher  court  on  writ  of  error.  The  supreme  court,  or 
court  of  appeal,  examines  the  questions  of  law  that  are 
involved,  and  either  confirms  or  reverses  the  decision  of 
the  lower  court. 

A  civil  case  is  begun  by  complaint  of  the  plaintiff 
agains!:  the  defendant.  A  summons  is  issued,  calling 
the  defendant  to  appear  in  court  and  make  answer  to 
the  complaint.  Cases  involving  small  sums  of  money  Trial  of 
are  tried  in  justice  courts,  and  here  the  trial  is  some-  ^^^  ^^^^' 
times  without  a  jury,  or  with  a  jury  of  only  six  men. 
Cases  involving  larger  amounts  are  tried  in  the  princi- 
pal court  of  the  county,  where  the  procedure  is  quite 
similar  to  that  described  in  a  criminal  case.  In  the 
execution  of  a  judgment  against  the  property  of  a 
person,  the  constable  or  sheriff  has  power  to  seize 
and  sell  all  property  that  is  not  exempt. 

It  is  sometimes  claimed  by  one  party  to  a  case  that  the 
community  where  the  case  arises,  or  the  judge  before 
whom  it  is  to  be  tried,  is  prejudiced  to  a  degree  that  ren- 
ders an  impartial  trial  impossible.  A  change  of  venue  may  change  of 
then  be  granted ;  the  case  is  carried  to  another  court,   ^®^'^^* 
or  another  judge  is  called  in  to  preside  at  the  trial. 


74  Judicial  Trials 

Many  problems  have  arisen,  in  connection  with  the 
administration  of  justice,  that  demand  the  serious  at- 
tention of  citizens.     Some  of  these  we  shall  consider. 
The  en-         (1)  When  the  violation  of  law  is  a  matter  of  common 

forcement       ,  ,    ,         .  -,  -i  •  i  -i 

of  law.  knowledge  m  a  community,  and  no  one  is  accused  and 

held  to  answer,  who  is  responsible?  The  basis  of  a 
warrant  of  arrest  is  a  complaint,  containing  a  specific 
accusation,  and  accompanied  by  the  statement  of  the 
complainant,  under  oath,  that  in  his  opinion  the  ac- 
cused is  guilty.  Now,  it  is  the  sworn  duty  of  officers  to 
obtain  the  information  upon  which  a  complaint  may  be 
based,  whenever  they  know  or  have  reason  to  suspect 
that  the  law  has  been  violated.  If  they  persistently 
neglect  this  duty,  the  sentiment  of  the  community 
should  compel  its  performance.  But  at  times  the 
public  conscience  becomes  so  blunted  that  officers  ac- 
cept or  even  extort  payments  from  law-breakers  for 
shielding  them  from  punishment.  Not  officers  alone, 
but  any  citizen  may  make  a  complaint.  But  private 
citizens,  particularly  those  who  are  most  anxious  to  see 
the  strict  enforcement  of  law,  find  it  difficult  to  discover 
sufficient  evidence  upon  which  to  make  a  sworn  state- 
ment. Besides,  the  prosecution  of  criminals  by  persons 
who  do  not  directly  suffer  injury  from  the  criminal 
acts,  is  likely  to  cause  criticism  which  is  distasteful 
and  hard  to  bear.  It  is  much  easier  for  the  averaofe 
citizen  to  let  such  matters  alone,  and  attend  to  his  own 
private  business.  In  the  meantime,  public  funds  may 
l)e  stolen,  or  the  health  of  the  community  threatened, 
or  its  youth  put  in  danger  of  moral  corruption — all  for 
lack  of  a  complaint,  specific  in  its  accusations,  and  sup- 
ported by  definite  evidence.  These  reasons  most  fre- 
quently answer  the  question,  "Why  is  not  the  law 
enforced  ?  "  At  the  bottom,  it  is  a  question  of  public 
conscience.     In  communities  where  a  low  moral  stand- 


Judicial  Trials  75 

ard  prevails,  a  few  determined  leaders,  willing  to  sacri- 
fice time,  labor,  and  comfort  for  the  public  good,  have 
sometimes  aroused  the  entire  public  to  action.  No  ser- 
vice to  the  community  could  be  more  commendable 
than  this. 

(2)  Other  causes  for  discontent  with  our  judicial 
system  arise  in  connection  with  court  procedure.  There 
is  sometimes  the  delay  of  justice  through  the  postpone- 
ment of  cases  for  trivial  reasons  ;  through  the  exaction 
of  excessive  legal  charges  and  court  fees ;  and,  finally, 
through  the  too  frequent  decision  of  cases  on  grounds  other 
that  are  purely  technical,  and  that  seem  to  most  citizens  ^^^^^^' 
wholly  inadequate.     The  wrong  in  some  of  these  cases 

may  be  traced  to  the  evil  practices  of  attorneys ;  in 
others,  to  corruption  of  the  bench  ;  it  seems,  too,  that 
in  some  respects  legal  systems  are  unnecessarily  com- 
plicated. These  abuses  are  very  exceptional  in  most 
parts  of  the  United  States,  but  in  large  cities  and  in 
some  of  the  more  populous  States  they  constitute  a  seri- 
ous menace  to  good  government. 

(3)  Numerous   evils   have  crept  into  the  administra- 
tion of  the  jury  system.     The  local  officers  who  make  the 
original  lists  from  which  petit  jurors  are  drawn,  are  The  jury 
sometimes   influenced   in   the   selection   of   names    by 
political  and  other  illegitimate  considerations.     In  this 

way  a  jury  may  be  "packed"  in  favor  of  one  of  the 
parties  to  the  suit.  The  old  method  of  making  jury  lists 
has  been  superseded  in  some  States  by  the  appointment 
of  jury  commissions  composed  of  prominent  citizens  of 
the  county,  who  make  the  lists  under  supervision  of  the  Some 
court.  Again,  many  citizens  who  are  most  competent 
to  serve  on  juries,  shirk  the  duty,  giving  trivial  excuses 
or  paying  fines  to  escape  performing  the  service.  When 
a  panel  of  petit  jurors  is  exhausted,  talesmen  are  sum- 
moned from  the  by-standers — a  practice  which  is  apt  to 


76  Judicial  Trials 

admit  men  who  are  wholly  unfit  for  jury  duty.  Cases  of 
direct  jury  bribery  are,  unfortunately,  too  common,  es- 
pecially in  large  cities.  They  are  also  very  difficult  to 
detect.  Public  opinion  should  be  extremely  intolerant 
of  this  crime. 

It  is  almost  a  universal  custom  to  require  unanimity 
in  the  decision  of  juries  ;  *  thus  one  man  may  cause  a  case 
to  fail  of  decision.  While  this  is  generally  considered 
a  wise  provision  in  criminal  cases,  it  many  times  results 
in  the  defeat  of  justice. 

It  will  be  noticed  that  many  of  the  evils  mentioned  in 
connection  with  the  jury  system  are  accounted  for  by 
bad  administration  of  its  details.  The  central  idea  of 
the  system — the  participation  of  citizens  in  the  legal 
process  of  determining  justice — is  of  very  ancient  origin. 
It  was  brought  from  England  by  the  colonists,  embodied 
in  their  legal  codes,  and  inherited  by  both  State  and 
<5ood  feat-  National  governments.  The  publicity  which  trial  by  jury 
jury  system,  gives  to  legal  procedure,  and  the  educational  influence 
upon  those  who  participate  in  its  workings,  are  advan- 
tages of  great  weight  in  its  favor.  Moreover,  it  is  so 
firmly  fixed  in  our  legal  and  social  fabric  that  its  aboli- 
tion would  be  a  most  radical  measure.  This  fact  ren- 
ders imperative  the  correction  of  abuses,  wherever  they 
may  be  found,  and  the  restoration  of  a  pure  ideal,  in 
order  that  the  jury  system  may  not  become  a  decadent 
institution. 

No  failure  of  government  is  more  deplorable  than  the 
failure  of  justice.     There  have  been  times  when  com- 
munities, exasperated  by  the  feeble  efforts  of  officers  and 
courts  to  bring  violators  of  law  to  justice,  have  resorted 
Lynch-iaw.     to  "lynch-law"  as  a  remedy.     This  sets  an  example  of 

*  In  Nevada,  Utah,  California,  and  a  few  other  States,  a  decision  may 
be  rendered  by  three-fourths  of  a  jury  in  a  civil  case.  In  Idaho,  five- 
sixths  of  the  jury  may  render  a  decision. 


tion. 


•       Judicial  Trials  77 

lawlessness,  tlie  evil  influence  of  which  far  outweighs 
any  attendant  good. 

Many  legal  controversies  never  appear  in  courts,  be- 
cause they  are  adjusted  between  the  parties  concerned 
through  the  efforts  of  the  attorneys.  Other  disputes  are 
voluntarily  submitted  to  arbitrators  by  whose  decision  Arbitra- 
the  disputants  agree  to  abide.  If  more  cases  could  be 
settled  out  of  court,  much  expensive  litigation  would 
be  avoided,  and  the  cause  of  justice  would  not  suffer. 
Efforts  have  been  made  to  establish  courts  of  concilia- 
tion in  some  States,  but  with  little  success.* 


Supplementary  Questions  and  References. 

1.  What  guarantees  are  contained  in  the  constitution  of 
your  State  safe-guarding  the  rights  of  accused  persons  ? 
Are  similar  rights  secured  in  all  countries  ? 

2.  As  illustrating  the  process  of  trial,  obtain  and  fill  out 
blank  forms  for  complaint,  warrant  of  arrest,  search  war- 
rant, subpoena,  venire,  execution,  indictment. 

3.  Is  the  grand-jury  system  the  best  method  of  bringing 
offenders  to  trial  ? 

4  What  is  the  established  method  of  selecting  petit 
jurors  in  your  State?  Can  you  suggest  improvements? 
Visit  a  court  while  in  session,  and  observe  the  selection  of 
a  trial  jury ;  also,  the  examination  of  witnesses.  What 
fees  are  paid  to  witnesses  and  jurymen  ? 

5.  Find  the  meaning  of  the  following  terms  :  Damages, 
costs,  stay  of  execution,  injunction,  certiorari,  habeas  cor- 
pus (see  p.  340),  quo  warranto,  mandamus. 

6.  Should  the  jury  system  be  abolished  ?  Forum,  22  :  107- 
116;  Nation,  67:163;  .Arena,  22:312-319;  Eev.  of  B's, 
12  :  206-208  ;  Pop.  Sci.  Mo.,  47 :  375-382  ;  Atl.  Mc,  76  :  258- 
262. 

*  North  Dakota  is  the  only  State  in  which  they  are  extensively  em- 
ployed. For  description  of  the  system  in  Norway  and  in  North  Dakota, 
see  Atl.  Mo. ,  68 :  401-406  and  72 :  671-677. 


78  Judicial  Trials       ' 

7.  State  judiciary  systems  are  the  subject  of  chapter  42 
in  Bryce,  I. 

8.  What  is  perjury?  To  what  extent  is  it  practised  in  the 
courts  ?  Are  perjurers  frequently  punished  ?  What  are  the 
reasons  Jtor  these  conditions  ? 


CHAPTER  VIII 
CHARITABLE   AND  PENAL  INSTITUTIONS 

The  support  of  the  destitute  falls  first  upon  their  near 
relatives  ;  when  this  resource  fails,  public  charity  be- 
comes necessary.  Much  the  greatest  part  of  public  re- 
lief is  given  by  local  governments.  Where  the  town 
system  is  strong,  the  work  is  in  charge  of  the  town 
board  or  of  a  special  town  officer.  In  the  South  the 
county  commissioners,  or  other  county  officers,  admin-  The  support 
ister  relief.  In  many  States,  particularly  in  the  West, 
both  town  and  county  are  interested.  Towns  and  cities 
frequently  refuse  to  support  paupers  who  have  not  "  ac- 
quired a  residence "  within  them  ;  and  the  burden  then 
falls  upon  the  county,  or,  as  in  Massachusetts  and  New 
York,  upon  the  State. 

Two  general  methods  of  dispensing  alms  are  prac- 
tised. 1.  Out-door  relief  means  the  giving  of  aid  at  the 
home  of  the  pauper.  This  is  a  convenient  method  in 
cases  of  temporary  want,  and  in  the  relief  of  persons 
who  are  partially  self-supporting.  Many  local  govern-  ont-dDor 
ments  make  a  practice  of  giving  goods,  or  orders  for 
goods,  to  paupers.  In  rural  communities,  where  the  cir- 
cumstances surrounding  every  family  are  well  known, 
this  method  of  relief  works  satisfactorily.  But  in  cities, 
and  in  the  administration  of  relief  by  county  officers,  it 
is  possible  for  individuals  to  impose  upon  the  public  by 
securing  aid  when  it  is  not  deserved.  The  evil  here  is  not 
only  that  of  stealing  from  the  public  treasury,  but  also 
the  evil  of  pauperizing  the  individual  and  the  family. 

79 


Charitable  and  Penal  Institutions 


In-door 
relief. 


3pe: 
did 


children. 


Hospitals. 


This  is  a  place  for  investigation  and  reform  in  many 
communities.*  Sentimental  ideas  of  charity  and  loose 
business  methods  sometimes  cause  the  harm  of  out-door 
relief  to  over-balance  the  good  accomplished. 

2.  In-door  relief.  Towns  frequently  pay  for  the  sup- 
port of  their  poor  in  private  houses  ;  and  paupers  are 
sometimes  bound  out  to  service  on  contract.  But  alms- 
houses, or  poor-houses,  become  necessary  when  the 
number  of  paupers  is  large.  These  are  most  usually 
maintained  by  counties  and  cities.  When  a  poor-house 
is  located  on  a  farm,  and  when  the  inmates  are  kept 
employed  in  farming  and  other  industries,  these  insti- 
tutions become  most  helpful,  and  may  also  be  partially 
or  wholly  self-supporting.  The  establishment  of  a  poor- 
house  sometimes  has  the  effect  of  decreasing  the  num- 
ber of  paupers  who  apply  for  aid  from  a  county. 

Within  recent  years  it  has  been  generally  recognized 
that  children  should  not  be  kept  in  poor-houses  with 
adults,  since  such  surroundings  are  exceedingly  de- 
moralizing to  child  -  nature.  There  are  often  State 
schools  for  dependent  children,  where  education  and 
some  form  of  industrial,  training  are  provided  for  the 
inmates.  Efforts  are  made  to  secure  the  adoption  of 
these  children,  when  of  suitable  age,  into  families. 

For  the  sick  and  injured  medical  attendance  is  pro- 
vided by  local  governments.  In  the  cities,  hospitals  are 
maintained  at  public  expense. 

The  question  of  providing  for  the  unemployed  in 
times  of  temporary  distress  is  particularly  difficult  in 
the  large  cities.     It  seems  necessary,  at  times,  to  estab- 

*  The  Secretary  of  the  State  Board  of  Charities  of  Indiana  said  In 
1897  :  "  Throughout  all  the  State  the  conditions  are  the  same — no  uni- 
formity, little  or  no  investigation,  little  attention  to  common  business 
principles,  and  no  sane,  deliberate,  and  shrewd  inquiry  into  the  actual 
needs  of  applicants  or  into  the  best  methods  of  supplying  those  needs." 
National  Conference  of  Charities  and  Corrections,  1897. 


Charitable  and  Penal  Institutions  81 

lish  free  soup-kitchens  and  agencies  for  the  distribution 
of  food  and  clothing.     Cities  have  sometimes  provided  The 
employment  upon  public  works  in  such  cases.     Under  ployed, 
the  Detroit  plan,  devised  by  Mayor  Pingree,  the  poor 
are  allowed  to  use  vacant  lots  as  vegetable  gardens.* 

It  is  often  difficult  to  distinguish  between  the  home- 
less seeker  for  employment  and  the  professional  tramp, 
who  might  rather  be  included  among  the  criminal 
classes.  But  in  most  places  both  are  treated  in  the 
same  way,  and,  as  a  consequence,  men  who  begin  their  The  tramp 
wanderings  with  good  intentions  degenerate,  under  kind  "^^^  ^™' 
treatment,  into  genuine  tramps.  The  local  government 
frequently  gives  these  vagrants  food  and  lodging  and 
then  sends  them  on  to  the  next  town.  Ov^  they  may 
be  arrested  for  vagrancy  and  sentenced  to  a  term  of  im- 
prisonment. Many  times  the  city  or  county  keeps  them 
during  the  winter  in  a  poor-house  or  municipal  lodging- 
house  and  releases  them  as  warm  weather  approaches. 
None  of  these  methods  of  treatment  is  satisfactory 
because  no  effort  is  made  to  test  the  vagrant's  desire  to 
obtain  work,  or  to  deter  him  from  continuing  to  lead  a 
life  of  laziness  and  dependence  on  charity.  Cities  that 
have  established  wood  and  stone  yards,  in  which  the 
applicant  for  assistance  is  compelled  to  earn  at  least  a 
part  of  his  support,  find  the  number  of  tramps  consider- 
ably decreased. 

The  support  of  the  poor  seems,  at  first  glance,  one 
of  the  simplest  operations  of  government,  but  we  have 
seen  that  numerous  difficulties  are  involved.  How  can 
we  aid  the  deserving  poor,  and  at  the  same  time  avoid 
making  them  less  willing  or  able  to  support  themselves  ? 
The  same  question  is,  or  should  be,  prominent  in  all 
cases  of  private  charity,  for  the  evil  of  pauperizing  the 
poor  is  one  of  great  magnitude.  And  the  citizen  should 
*  See  Areua,  15  ;  545-554. 


82  Charitable  and  Penal  Institutions 

see  that  in  his  private  charities  he  does  not  aid  tenden- 
cies which  will  result  at  some  future  time  in  increasing 
the  difficulties  of  this  problem. 

Compulsory  In  Germany  there  is  established  a  system  of  compulsory  insur- 
meurance.  ance.  All  persons  earning  regular  salaries  of  $476  or  less  contrib- 
ute to  a  fund  from  which  they  may  receive  support  in  sickness 
and  old  age.  Parts  of  this  fund  are  also  contributed  by  employers 
and  by  the  German  government.  Encyclopedia  of  Social  Reform, 
740. 

Public  control  of  defectives  is  necessary  on  the 
grounds  of  education,  public  health,  and  public  security. 

Defectives.  Because  of  the  relatively  small  numbers  included  and 
the  special  treatment  that  is  required,  it  is  most  eco- 
nomical for  the  State,  rather  than  for  the  local  govern- 
ments, to  care  for  these  unfortunate  classes.  Hence  we 
have  the  excellent  State  institutions  for  the  blind,  the 
deaf  and  dumb,  the  insane,  and  the  feeble-minded. 

In  no  way  can  we  measure  the  growth  of  the  humani- 
tarian spirit  during  the  nineteenth  century  better  than 
by  contrasting  earlier  with  present  methods  of  treating 

The  insane,  the  insane.  Formerly  they  were  regarded  as  criminals, 
confined  in  foul  prisons,  and  brutally  treated.  Insanity 
is  now  regarded  as  a  disease,  and  scientific  treatment 
results  in  the  curing  of  a  large  proportion  of  the  cases. 
Laws  quite  uniformly  require  judicial  procedure  for 
the  committal  of  an  insane  person  to  an  asylum.  It  is 
only  since  about  the  year  1870  that  the  insane  have  been 
generally  transferred  from  county  poor-houses  to  State 
asylums.  Evidently,  the  chronic  and  harmless  insane 
should  be  treated  differently  from  those  who  are  violent 
and  require  medical  treatment.  But  in  most  States  all 
are  confined  in  the  same  State  asylums.  Wisconsin  has 
a  plan,  highly  commended  by  experts,  under  which  the 
chronic  insane  are  supported,  subject  to  State  supervi- 
sion, in  a  limited  number  of  county  asylums.     These  are 


Oharitdble  and  Penal  Institutions  83 

generally  under  the  same  management  as  the  county 
poor-houses.  In  State  hospitals,  then,  the  conditions 
are  most  favorable  for  these  who  are  under  the  physi- 
cian's care. 

Within  recent  years  a  score  of  States  have  established  The  feeble- 
asylums  for  feeble-minded  children,  where  they  receive 
proper  educational  and  industrial  training.     In  a  few 
States  there  are  homes  for  epileptics. 

It  was  formerly  usual  to  have  each  charitable  insti- 
tution of  a  State  administered  separately  by  its  board 
of  directors  or  trustees.  At  present,  however,  central 
boards  of  charities  exist  in  most  States.  These  are  of  two  state  boards 
kinds :  (1)  Advisory  boards,  that  merely  inspect  and  °^  chanties. 
report  recommendations,  each  institution  having  its 
own  board  of  trustees.  Such  boards  are  most  com- 
mon, and  are  composed  of  unsalaried  officers.  (2) 
A  board  of  control  may  administer  the  entire  charitable 
system  of  the  State,  and  appoint  a  superintendent  for 
each  institution.  Such  boards  are  also  given  power  to 
inspect  the  construction  and  control  of  local  poor-houses, 
jails,  and  asylums.  The  officers  of  these  boards  are 
salaried.  The  danger  of  this  system  is  that  political  in- 
fluences will  prevail.  But  there  are  advantages  in  the 
method  of  central  control ;  through  it,  the  influence  of 
high  ideals  and  scientific  methods  may  be  felt  in  the 
local  institutions. 

Methods  of  punishing  criminals  have  undergone  great 
changes  since  the  establishment  of  the  older  State  gov- 
ernments.    At  the  beginning  of  the  nineteenth  century 
the  clipping  of  ears,  branding  with  a  hot  iron,  the  stocks,   oid  meth- 
and  the  pillory  had  not  entirely  disappeared.     Prisons  panisL 
were  foul  pens.    But  the  barbarous  mutilation  and  public  "^®"'* 
exposure  of  early  times  have  passed  away,  and  prisons 
are  now  conducted  with  some  regard  to  the  health  and 
comfort  of  the  prisoners.     We  now  reject  that  theory  of 


84 


Charitable  and  Penal  Institutions 


Modern 
prisons. 


Release  on 
parole. 


Reforma- 
tories. 


punishinent  which  considers  its  only  end  to  be  retribu- 
tion. The  principle  is  generally  accepted  that  for  the 
protection  of  society  the  criminal  must  not  be  merely 
confined  and  punished,  but  reformed  as  well.  Some  prac- 
tices introduced  into  State  prisons  indicate  the  progress 
of  this  idea.  Instances  are  found  in  the  excellent  pro- 
visions for  securing  the  good  health  of  the  inmates  ;  for 
it  is  recognized  that  an  unsound  physical  condition  is 
often  the  foundation  of  a  criminal  nature.  So,  too, 
prison  libraries,  reading-rooms,  and  study  classes  give 
convicts  a  chance  for  mental  improvement.  Very  com- 
monly, good  conduct  on  the  part  of  the  prisoner  will  re- 
sult in  a  reduction  of  his  term  of  imprisonment.  It  has 
been  urged  that  no  fixed  term  of  confinement  should  be 
set,  but  that  the  convict  should  be  held  in  prison  until, 
in  the  judgment  of  the  authorities,  he  is  fit  to  be  at  large. 
This  system  is  called  the  indeterminate  sentence* 

In  a  few  States  f  the  prisoner  may  be  released  on 
parole  or  probation.  He  must  find  employment,  avoid 
bad  associations,  and  report  periodically  to  a  parole 
officer. 

Great  evil  is  wrought  through  the  association  in 
prisons  of  first  offenders  and  persons  of  slight  criminal 
tendencies  with  hardened  criminals.  For  this  reason 
we  have  State  reformatories  and  industrial  schools  for 
boys  and  girls.  Here  they  are  given  an  education  and 
taught  useful  trades.  Recently,  in  two  States,  X  the 
younger  and  less  hardened  offenders  among  the  men 
have  been  assigned  to  separate  institutions  where  con- 
ditions are  made  as  favorable  as  possible  for  their  refor- 
mation. If  they  show  themselves  incorrigible,  they  are 
returned  to  the  State  prison. 


*  C.  D.  Warner,  The  Independent,  51 :  598-600. 

t  Massachusetts,  Indiana,  Missouri,  Alabama,  Colorado,  and  Michigan. 

X  Indiana  and  Wisconsin. 


Charitable  and  Penal  Institutions  85 

It  is  generally  agreed  that  the  confinement  of  prison- 
ers without  occupation  is  both  cruel  and  demoralizing. 
Several  systems  of  prison  labor  have  therefore  been 
tried.  (1)  The  lease  system,  common  in  the  Southern 
States,  permits  the  sale  of  prison  labor  to  the  highest 
bidder.  The  prisoners  may  be  employed  either  within 
or  without  the  prison,  and  are  subject  to  the  control  of  systems 
their  employers.  In  many  instances  they  are  employed  fabor?^^ 
in  working  mines  and  quarries,  living  in  penal  camps, 
where  one  would  scarcely  expect  to  find  them  sur- 
rounded by  the  proper  reformatory  influences.  (2) 
Under  the  contract  system  the  labor  is  performed  within 
the  prison,  under  the  usual  prison  discipline.  Some  form 
of  manufacturing  is  carried  on,  the  contractors  furnish- 
ing the  foremen,  the  materials,  and  to  some  extent  the 
tools  and  machinery.  They  pay  a  stipulated  price  for 
each  day's  labor  performed  by  the  prisoners.  (3)  The 
piece-price  system  leaves  the  work  of  prisoners  under  the 
supervision  of  prison  officials,  the  contractors  agreeing 
to  furnish  the  materials  and  to  pay  a  specified  price 
for  each  pieoe  of  the  finished  product.  (4)  Under  the 
public-account  system  the  State  conducts  the  entire  proc- 
ess of  manufacture,  as  an  individual  might,  disposing  of 
the  product  on  the  market. 

In  1895  the  output  of  the  higher  penal  institutions  of 
the  entire  country  was  $19,042,472  worth  of  manufact- 
ured goods.*  It  has  been  argued  that  this  competition 
of  the  State  with  private  enterprise  has  the  effect  of  low- 
ering the  wages  of  workingmen.  Great  opposition  to 
prison  labor  has  therefore  arisen.  In  a  few  States, 
prisoners  are  employed  in  the  manufacture  of  all  the 
articles  needed  in  the  equipment  of  the  State  institu- 

*  Wright,  Practical  Sociology,  379.  But  this  was  only  one  five- 
hundredth  part  of  the  total  manufactured  products  of  the  United  States 
in  1890. 


ism. 


86  Charitable  and  Penal  Institutions 

tions.     But  no   ■uniformly  satisfactory  solution  of  the 
problem  has  been  reached. 

In  the  administration  of  charitable  and  penal  laws  we 
are  at  present  concerned  chiefly  with  relief,  punishment, 
The  preveu-  and  reformation.  But  the  systems  employed  too  often 
and  pauper-  tend  to  perpetuate  the  evils  we  wish  to  cure.  With  the 
spread  of  more  rational  ideas  concerning  pauperism  and 
crime,  public  attention  must  be  directed  toward  the 
prevention  of  both.  As  population  becomes  more  dense 
in  the  United  States,  the  problems  assume  greater  pro- 
portions. We  have  found  State  control  the  most  satis- 
factory method  of  managing  the  greater  part  of  the 
curative  processes  ;  it  may  be  suggested  that  the  proper 
preventive  measures  are  largely  matters  for  private  and 
local  support.  But  the  further  study  of  this  subject 
comes  more  properly  within  the  field  of  sociology  than 
within  that  of  government. 

Supplementary  Questions  and  References. 

1.  What  methods  of  public  and  of  private  charity  are 
employed  in  your  community  ?  Is  there  careful  examina- 
tion into  the  merits  of  cases  ?  Is  there  duplication  of 
charities?  Which,  the  public  or  the  voluntary  work,  is 
on  the  whole  more  effective  ? 

2.  What  is  your  remedy  for  the  tramp  problem  ? 

3.  In  Delaware  certain  offenders  are  whipped  at  the  post. 
What  are  the  merits  of  this  method  ? 

4.  Outline  the  system  of  State  charities  in  your  State. 
Can  you  suggest  improvements  ? 

5.  Methods  of  relief  work  in  various  cities  during  the  hard 
times  of  1893-94  are  discussed  in  Rev.  of  R's,  9  :  29-37. 

6.  Many  old  forms  of  punishment  are  described  in  Earle, 
Curious  Punishments  of  By-gone  Days. 

7.  What  was  the  condition  of  prisons  at  the  beginning 
of  the  nineteenth  century?  McMaster,  History  of  the 
United  States,  I,  98-102. 


Charitable  and  Penal  Institutions  87 

8.  What  are  the  effects  of  exposing  offenders  to  public 
gaze? 

9.  The  most  famous  reformatory  is  that  at  Elmira, 
N.  Y.  An  illustrated  year-book  is  published  by  the  in- 
mates.    See  also  N.  Am.  Rev.,  140  :  291-308. 

10.  What  is  the  penal  system  of  your  State  ?  Study  the 
reports  of  State  officers  having  charge  of  penal  and  chari- 
table institutions. 

11.  What  is  the  average  age  of  convicts  in  the  United 
States?  What  proportion  are  regarded  as  incorrigible? 
Wright,  N.  Am.  Rev.,  164  :  279. 

12.  Charities.  The  best  work  is  Warner,  American  Chari- 
ties. See  also  Reports  of  National  Conference  of  Charities 
and  Corrections  ;  Encyclopedia  of  Social  Reform  ;  Wright, 
Practical  Sociology,  322-330  ;  Atlantic  Mo.,  57  :  449- 
454 ;  State  Care  of  Dependent  Children,  N.  Am.  Rev. , 
171  :  112-123;  Rev.  of  R's,  9:  38-40;  Education  of  the 
Feeble-Minded,  N.  Eng.  Mag.,  22  :  6-20  ;  The  Abuse  of 
Public  Charities,  Pop.  Sci.  Mo.,  55  :  155-163. 

13.  Penal  and  reformatory  institutions.  Reports  of 
National  Conference  of  Charities  and  Corrections  ;  Re- 
ports of  International  Prison  Congress ;  Encyclopedia 
of  Social  Reform,  **  Penology;"  Wright,  Practical  Soci- 
ology, 350-389 ;  N.  Am.  Rev.,  158  :  332-342  ;  Boston's 
Penal  Institutions,  New  England  Mag.,  17  :  613-629. 
Progress  in  Penology,  Forum,  30  :  442-456.  Prison 
Labor,  N.  Am.  Rev.,  164  :  273-282;  758-760;  The  True 
Purpose  of  Penitentiary  Penalties,  Arena,  23  :  400-404. 


CHAPTER  IX 


EDUCATIONAL    SYSTEMS 


Local  con- 
trol of 
schools. 


The  school 
district. 


The  maintenance  of  public  schools  is  a  function  of  the 
State  governments.  Though  the  National  government 
has  aided  in  this  work,  as  we  shall  see,  its  authority 
does  not  extend  over  our  systems  of  elementary  and 
higher  schools. 

In  the  South  the  county,  and  elsewhere  the  town,  is 
usually  divided  into  districts  solely  for  purposes  of  school 
government.  Now  the  ways  of  dividing  authority  be- 
tween the  town  or  county  on  the  one  hand  and  the 
school  district  on  the  other  are  so  many  that  a  general 
description  is  impossible.  In  no  other  field  do  we  find 
such  great  variety  of  local  arrangements  ;  sometimes 
several  forms  may  be  found  in  the  same  State.  This  is 
partly  because  school  government  is  the  most  local  of 
all  government.  Only  to  a  slight  extent  has  it  felt  the 
unifying  effect  of  central  State  authority.  When  the 
district  absorbs  most  of  the  school  functions  and  be- 
comes the  real  unit  of  organization  and  administration, 
we  have  district  meetings  of  voters.  These  are  similar 
to  town  meetings,  but  they  are  held  at  a  different  time, 
since  school  business  is  kept  distinct  from  town  affairs. 
This  is  the  most  democratic  method  possible  of  raising 
taxes,  electing  officers,  and  managing  school  affairs.  In 
many  States,  however,  there  is  a  town  school  meeting 
and  the  districts  are  organized  merely  for  administra- 
tive purposes,  the  different  district  schools  being  man- 
aged more  or  less  independently. 


Educational  Systems  89 

Any  form  of  the  district  system  has  certain  serious 
defects.  Under  this  system  the  schools  of  rural  dis- 
tricts remain  small,  isolated,  and  poorly  graded,  while 
low  salaries  and  poor  teachers  are  too  common.  The 
centralization  of  authority  in  the  town,  or  in  the  county, 
has  some  points  of  advantage.  The  town  system  of  The  town 
school  government  exists  in  some  of  the  New  England 
States,  Pennsylvania,  Ohio,  and  Indiana,  and  its  adop- 
tion is  optional  in  other  States.  Under  this  system 
there  are  fewer  schools,  and,  it  is  claimed,  these  can  be 
better  graded  and  equipped.  With  the  expenditure  of 
less  money  there  may  be  better  salaries  and  consequently 
better  teachers.  The  same  advantages  may  be  intensi- 
fied by  having  but  one  school,  centrally  located,  for  each 
town.  The  chief  difficulty  lies  in  the  distance  of  such  a 
school  from  the  pupils'  homes.  But  this  has  been  sat- 
isfactorily overcome  in  Ohio,  by  the  transportation  of 
children  at  town  expense.* 

Those   who  favor  the  town    system    maintain  that 
under  it  the  problem  of   school   supervision   may  be  School 
more  satisfactorily  dealt  with  than  under  the  district  ?ffion. 
system.     It  is  usual  to  place  upon  district  or  town  ofii- 
cers  the  duty  of  visiting  and  inspecting  schools,  besides 
the  oversight  of  financial  interests  and  the  employment 
of  teachers.     Because  these  officers  are  busy  in  other 
pursuits  and  have  slight  knowledge  of  the  purely  pro- 
fessional aspects  of  school  systems,  very  little  real  su- 
pervision is  accomplished.     In  nearly  all  States  there 
are  county  superintendents,  whose  principal  duties  are  The  county 
supervisory.     In  most  cases,  however,  counties  are  so  tendent. 
large  that  the  superintendent's  visits  to  any  school  are 

*  See  Report  of  the  Committee  of  Twelve,  National  Educational  Asso- 
ciation, 43-53,  135-141,  for  reasons  for  and  against  consolidation  and 
transportation  of  pupils.  Also,  Report  of  Commissioner  of  Education, 
1897-98. 


90 


Educational  Systems 


Politics  in 
school 


State  su- 
pervision. 


necessarily  infrequent  and  brief.  In  short,  tlie  district 
seems  to  be  too  small,  and  the  county  too  large,  for 
adequate  school  supervision.  Where  the  town  system 
prevails,  officers  are  less  numerous,  and,  it  may  be,  more 
capable.  Supervision  will  at  least  be  more  uniform,  and 
perhaps  more  effective.  If  the  schools  are  consolidated, 
the  principal  of  the  central  school  may  have  supervisory 
powers.  Another  plan  for  the  solution  of  this  problem 
is  the  union  of  a  number  of  towns  (as  in  Massachu- 
setts) for  the  employment  of  a  competent  supervisor. 

The  introduction  of  party  politics  into  school  affairs 
frequently  brings  incompetent  men  into  office  and  in 
many  ways  hinders  educational  progress.  The  popular 
election  of  county  superintendents,  usually  at  general 
elections,  has  a  tendency  to  make  that  office  political 
rather  than  professional.  Less  than  one-half  of  the 
States  have  prescribed  educational  qualifications  for  the 
position  of  county  superintendent.  Yet  his  work  goes 
far  toward  determining  the  professional  tone  of  the 
schools.  By  fixing  a  high  standard  for  the  teachers 
under  his  authority,  by  efficient  work  in  county  insti- 
tutes and  other  meetings,  and  by  frequent  contact  with 
the  people  of  the  county,  he  may  do  much  to  aid  educa- 
tional progress. 

In  nearly  every  State  of  the  Union  there  is  a  State 
superintendent,  or  a  State  board  of  education,  or  both. 
Methods  of  selection  and  organization  are  various.  The 
superintendent  or  the  board  has  authority  to  interpret 
and  enforce  the  general  school  laws  of  the  State  ;  and  to 
supervise,  in  a  general  way,  the  school  system.  An  ad- 
ditional function  is  "the  higher  and  far  more  important 
work  of  directing  educational  movements,  of  instructing 
the  people,  and  of  creating  public  opinion  and  arousing 
public  interest." 

In  school  affairs,  as  in  other  matters  of  local  govern- 


Educational  Systems  91 

ment,  eacli  large  city  has  its  peculiar  system.*  In  many 
cities,  tlie  school  system  is  not  only  managed  as  a  sep- 
arate department,  but  its  workings  are  almost  inde-  city  school 
pendent  of  the  central  legislative  and  executive  ma-  ^y^*®""^- 
chinery  of  the  city.  There  are  special  times  for  school 
elections,  and  the  school  board  is  not  responsible  to 
either  council  or  mayor.  In  other  cases,  different  de- 
grees of  relationship  exist  between  these  authorities. 

Boards  of  education  in  cities  may  be  either  elected  or 
appointed.  In  either  case,  the  selection  of  members 
for  political  reasons  is  in  many  cities  the  cause  of  seri- 
ous offences  against  the  rights  of  the  children.  Much 
confusion  and  ineffective  management  result  from  the 
failure  to  discriminate  clearly  between  legislative  and 
executive  functions  in  school  government.  Legislation 
is  properly  intrusted  to  a  board,  but  when  a  policy  is  go^e 
once  determined  upon,  it  can  best  be  executed  by  single  fn^ftieg^® 
officers,  rather  than  by  committees  of  the  board.  Re- 
sponsibility and  prompt  action  are  secured  by  the  con- 
centration of  authority  in  one  officer.  Another  source 
of  evil  is  the  confusion  of  the  business  and  the  pro- 
fessional sides  of  school  government.  Boards  of  edu- 
cation are  more  competent  to  supervise  business  affairs, 
and  so  generally  leave  the  determination  of  courses  of 
study  and  methods  of  teaching  to  educational  experts. 
But  other  professional  affairs,  such  as  the  employment 
of  teachers  and  the  selection  of  t^ext-books,  too  often 
remain  within  the  jurisdiction  of  the  board.  This  body 
frequently  acts  under  the  advice  of  the  superintendent 
of  schools,  but  in  other  cases  professional  interests  are 
subordinated  to  business  or  political  considerations. 

School  systems  and  courses  of  study  are  most  highly 
developed  in   cities ;    here,  too,  equipments   are   most 

*  Report  of  the  Committee  of  Fifteen,  National  Educational  Associa- 
tion, 114-132,  198-236. 


92 


Educational  Systems 


Illiteracy. 


Text-book 


complete.  In  213  cities  public  kindergartens  were 
maintained  during  the  school  year  1898-99.  Manual 
training  was  taught  in  the  public  schools  of  170  cities 
having  a  population  of  over  8,000.*  Separate  schools 
for  truants  are  a  feature  of  a  few  city  systems. 

In  most  States  there  are  compulsory  education  laws,  applying 
uniformly  to  rural  and  city  populations.  The  following  statistics 
of  illiteracy  are  interesting;  they  indicate  the  percentage  of  the 
total  population,  ten  years  of  age  and  over,  who  are  unable  to  read 
and  write,  t 

Per  cent. 

North  Atlantic  States 6.2 

South  Atlantic  States 30.9 

South  Central  States 29.7 


Per  cent. 
North,  Central  States ....     5.7 

Western  States 8.3 

Average  for  United  States  13.3 


The  high  percentage  in  the  South  is  mainly  due  to  the  presence 
of  the  negro  population.  In  those  States,  separate  schools  for  the 
two  races  are  provided. 

With  these  figures  we  may  compare  statistics  of  illiteracy  in  for- 
eign countries. 


Per  cent. 

Switzerland 2.1 

Scotland 5. 15 

Netherlands 6.5 

England 7. 

France 7.4 


Per  cent. 

Belgium 14.8 

Austria 15.4 

Italy 40.3 

Spain 62.66 

Russia 70.8 


The  adoption  of  text-books  is  intrusted  in  some 
States  to  the  State  board  of  education.  More  often 
the  laws  allow  each  local  board  to  act  independently, 
while  the  frequency  with  which  books  may  be  changed 
is  restricted.  In  s^me  States  it  is  the  rule  that  text- 
books must  be  furnished  free  to  pupils  ;  in  others, 
again,  this  policy  is  optional  and  the  question  of  free 
books  may  be  settled  at  school  elections.  The  State 
of  California  publishes  a  series  of  texts  whose  use  is 
obligatory  in  the  common  schools. 

*Report  of  the  Commissioner  of  Education  for  1898-99,  2257-2262, 
2139-2142. 
ti6id.,  1892-3,  115-155. 


revenues. 


Educational  Systems  93 

Excellent  systems  of  high  schools  have  been  de- 
veloped in  recent  years.  Those  located  in  the  large 
cities  have  their  own  courses  of  study  and  methods  of  High 
management.  But  the  high-school  systems  of  villages 
and  small  cities  have  been  fostered  under  uniform  State 
laws. 

During  the  school  year  of  1898-99  the  number  of 
pupils  enrolled  in  the  common  schools  of  all  the 
States  was  15,138,715.*  This  was  almost  70  per  cent, 
of  the  total  number  of  children  between  the  ages  of 
5  and  18  years.  The  pupils  enrolled  attended  school 
on  an  average  of  ninety -eight  days  each,  or  nearly  five 
school  months.  The  entire  amount  of  money  raised  School 
for  the  support  of  the  common  schools  was  $204,017, 
612.     The  expenditures  were  $197,281,603. 

Whence,  it  may  be  asked,  was  this  enormous  revenue 
derived?     From  several  sources. 

1.  The  greatest  part,  about  70  per  cent.,  came  from 
local  taxation.  This  emphasizes  the  fact,  already 
noticed,  that  local  governments  have  the  largest  share 
in  the  control  of  our  common-school  systems. 

2.  About  18  per  cent,  of  the  total  amount  was  the 
result  of  State  taxation.  The  proportions  of  State  and 
local  taxes  vary  greatly  in  the  different  States.  Some 
levy  no  State  tax  whatever  for  this  purpose.  Some- 
times a  certain  per  cent,  is  levied  for  school  purposes 
on  each  dollar's  worth  of  property  in  the  State.  Or, 
there  may  be  a  poll  or  other  special  tax.  This  method 
of  deriving  school  revenue  is  commendable  because  in 

i  the  poorer  sections  of  a  State  lack  of  revenue  from  local 
sources  may  keep  the  schools  upon  a  low  grade.  Simi- 
larly, when  widely  different  amounts  of  taxes  are  raised 
by   different  districts    of   the  same  town,  it  has   been 

*  These  and  the  following  statistics  are  found  in  the  Report  of  thQ 
Commissioner  of  Education  for  1898-99,  Vol.  I. 


94 


Educational  Systems 


Origin  of 

school 

funds. 


National 
land  grants. 


recommended  that  the  town  be  the   unit  of  taxation, 
rather  than  the  district. 

3.  The  amount  of  school  revenue  yielded  from  miscel- 
laneous sources  was  7.6  per  cent,  of  the  total. 

4.  Permanent  school  funds  and  rents  form  the  fourth 
source  of  revenue  (4.4  per  cent,  of  the  total). 

The  origin  of  these  funds  must  now  be  accounted 
for.  When  the  States  laying  claim  to  the  territory  north 
of  the  Ohio  Kiver  and  east  of  the  Mississippi  ceded 
their  claims  to  the  United  States,  Congress  passed 
the  "  Land  Ordinance  of  1785  "  containing  the  follow- 
ing provision :  "  There  shall  be  reserved  the  lot  number 
sixteen  of  every  township  for  the  maintenance  of  public 
schools  within  the  said  territory."  *  The  same  purpose 
is  seen  in  that  provision  of  the  Ordinance  of  1787  which 
declared  that  "  Religion,  morality  and  knowledge  being 
necessary  to  good  government  and  the  happiness  pf 
mankind,  schools  and  the  means  of  education  shall 
forever  be  encouraged."  Nowhere  do  we  find  better 
stated  the  ultimate  purpose  of  public  education. 

The  policy  thus  asserted  was  carried  into  execution 
whenever  any  State  in  which  the  United  States  owned 
lands  was  admitted  to  the  Union.  In  each  case  section 
sixteen  of  each  township  was  set  aside  for  the  support 
of  the  common-school  system.  Since  1848  every  such 
State  has  received  for  this  purpose  both  section  sixteen 
and  section  thirty-six  of  every  township.  When,  there- 
fore, these  lands  were  sold  to  settlers,  the  proceeds 
were  gathered  into  permanent  school  funds  ;  these  are 
invested  in  interest-bearing  securities,  and  the  income 
derived  therefrom  is  annually  distributed  among  the 
schools. 

These  funds  have  been  increased  in  various  ways.  To 
most  of  the  Western  States  Congress  gave  500,000  acres 
*  Hinsdale,  The  Old  Northwest,  ^59, 


Educational  Systems  95 

of  land,  to  be  devoted,  originally,  to  the  support  of  in- 
ternal improvements.  Some  of  the  States  have  dedi- 
cated the  proceeds  of  these  lands  to  educational  uses. 
Many  States  have  received  swamp  and  salt  lands,  which 
in  some  cases  have  gone  to  increase  school  funds.  Since 
the  National  government  owned  no  lands  in  the  original 
States,  they  have  not  been  benefited  by  its  generosity 
in  the  donation  of  lands.  But  many  of  these  States 
have  set  aside  their  own  wild  lands  and  in  other  ways 
have  established  permanent  school  funds. 

The  colleges  and  universities  of  the  United  States 
number  484.  Of  these,  the  greater  number  are  sup- 
ported by  endowments  and  donations  from  private 
sources.  Most  States,  particularly  in  the  West,  tax  the 
property  of  their  citizens  to  support  State  universities.*  Higher 
The  Federal  government  has  been  as  generous  in  the 
support  of  higher  education  as  in  the  aid  granted  to  the 
common  schools.  When  the  sale  of  lands  in  the  North- 
west Territory  was  authorized.  Congress  provided  that 
not  more  than  two  complete  townships  (seventy-two 
square  miles)  of  land  should  be  given  to  each  State 
therein  erected  for  the  support  of  higher  education. 
Every  new  State  in  which  the  United  States  owned  land  Federal 
has  reaped  the  benefit  of  this  policy,  some  having  re- 
ceived more  than  two  townships.  In  some  of  the  older 
States,  these  lands  and  the  common-school  lands  were 
sold  at  very  low  prices.  Bad  management  in  this  re- 
spect, and  in  the  care  of  the  funds  thus  established,  has 
caused  immense  loss  to  these  States.  The  newer  States, 
profiting  by  this  experience,  have  been  more  judicious. 

In  1862  Congress  granted  to  each  State  of  the 
Union,  and  to  each  new  State  to  be  admitted  later,  as 
many  times  30,000  acres  of  land  as  it  had  Senators  and 

*  The  total  number  of  colleges  and  universities  supported  by  the  States 
is  fortj-three.     In  several  States  there  is  more  than  one  such  institution. 


aid. 


96  Educational  Systems 

Representatives  in  Congress.  The  income  of  the  funds 
Agricaiturai  arising  from  the  sale  of  this  land  was  to  support  colleges 
of  agriculture  and  mechanic  arts.  In  1887  each  State 
was  given  $15,000  annually  for  the  support  of  agricult- 
ural experiment  stations.  By  a  law  of  1890  this 
amount  was  to  be  increased  by  $1,000  each  year  until 
the  appropriation  reached  $25,000  for  each  State.  This 
law  provided  that  this  money  "  shall  be  applied  only  to 
instruction  in  agriculture,  the  mechanic  arts,  the  Eng- 
lish language,  and  the  various  branches  of  mathe- 
matical, physical,  natural,  and  economic  science,  with 
special  reference  to  their  applications  in  the  industries 
of  life  and  to  the  facilities  for  such  instruction."  Tech- 
nical schools  are  in  this  way  aided  in  many  States. 
In  connection  with  the  systems  of  higher  education 
Profes-  we  find  professional  schools  of  various  kinds.  These 
schools.  include  colleges  of  law,  medicine,  dentistry,  pharmacy, 
veterinary  medicine,  and  normal  schools.  Commercial 
and  business  courses  are  a  feature  in  a  large  number  of 
colleges,  universities,  and  high  schools. 

Supplementary  Questions  and  References. 

1.  What  reasons  can  you  give  for  the  public  support  of 
common  schools  ?  Do  the  same  reasons  justify  taxation  for 
the  support  of  colleges  and  universities  ?  How  do  you  jus- 
tify State  support  of  professional  and  technical  schools? 
Should  schools  for  other  professions  and  trades  be  in- 
cluded ? 

2.  Study  the  organization  of  the  school  system  in  your 
State,  (a)  What  is  the  unit  of  school  taxation  ?  Of  ad- 
ministration ?    Should  these  be  larger  or  smaller  ? 

(6)  What  officers  conduct  school  affairs  ?  Can  you  sug- 
gest improvements  in  the  system  ? 

(c)  How  is  school  supervision  secured?  Is  it  effective? 
In  what  ways  does  the  State  control  the  common-school 
system  ? 


Educational  Systems  97 

(d)  What  are  the  laws  of  the  State  upon  the  subject  of 
compulsory  education  ?  text-books  ? 

(e)  Study  the  revenues  and  expenditures  of  your  school 
system.  Comparison  with  other  States  in  diiferent  sections 
of  the  country  is  possible  from  the  reports  of  the  Commis- 
sioner of  Education. 

(/)  Ascertain  the  amount  of  Federal  aid  received  by  your 
State  for  education. 

3.  What  inequalities  in  taxation  for  schools  exist  in  some 
States?  Report  of  the  Committee  of  Twelve  on  Rural 
Schools,  29-30. 

4.  What  is  the  best  method  of  electing  school  boards  in 
cities  ?    Hinsdale,  Studies  in  Education,  265. 

5.  Students  may  get  ideas  for  the  graphic  representation 
of  educational  statistics  from  the  Report  of  the  Connnis- 
sioner  of  Education,  1897-98,  pp.  Ixxxvii-xcvii. 

6.  History  of  land  grants  for  schools.  Boone,  Educa- 
tion in  the  United  States,  88-93  ;  Hart,  Essays  on  Ameri- 
can Government,  244-247  ;  Harper's  Mag.,  68  :  471-476  ; 
Stearns,  Columbian  History  of  Education  in  Wisconsin. 

7.  Schools  in  colonial  times.  Commissioner  of  Educa- 
tion, 1896-97,  II,  1165  ;  McMaster,  History  of  the  United 
States,  I,  24-27 ;  Earle,  Child  Life  in  Colonial  Days  ; 
Lodge,  Short  History  of  the  English  Colonies  in  America, 
74-76,  464-467  ;  Fiske,  Old  Virginia,  II,  245-253  ;  Boone, 
Education  in  the  United  States,  9-19. 

8.  Use  of  lotteries  in  support  of  schools.     Boone,  87-88. 

9.  Need  of  reform  in  city  schools.  Encyclopedia  of  Social 
Reform,  536-537,  539. 

10.  Should  there  be  a  National  University  at  Washing- 
ton?   Forum,  28:  663-676. 


CHAPTER  X 
THE  EXERCISE  OF  THE  POLICE  POWER 

We  are  accustomed  to  associate  with  the  word 
"police"  the  idea  of  a  body  of  officers  to  whom  the  en- 
forcement of  law  is  entrusted.  But  the  legal  sig- 
nificance of  the  word  is  much  broader.  In  this  sense 
we  speak  of  the  police  power  of  a  State  as  its  system  of 
internal  regulation  "  by  which  persons  and  propei-ty  are 
subjected  to  all  kinds  of  restraints  and  burdens  in  order 
to  secure  the  general  comfort,  healthy  and  prosperity  of 
the  State,"  i.e.,  of  the  citizens.  It  is  assumed  that  all 
property  of  the  State  is  held  subject  to  those  general 
regulations  which  are  necessary  for  the  common  welfare. 
So,  too,  in  the  conduct  of  private  business  and  in  the 
family  and  social  relations  of  life,  citizens  are  not  en- 
tirely free  to  determine  their  own  conduct ;  but  through 
its  police  regulations  the  S4ate  insures  "  to  each  the 
uninterrupted  enjoyment  of  his  own  rights  so  far  as  is 
reasonably  consistent  with  a  like  enjoyment  of  rights  by 
others."  * 

We  are  most  familiar  with  the  police  regulations  that 
are  calculated  to  preserve  public  order  and  prevent  of- 
fences against  persons  and  property.  A  number  of 
other  instances  in  which  the  police  power  is  used  will 
now  be  noticed. 

1.  Individuals  are  subjected  to  governmental  control 
for  the  preservation  of  public  health.  Until  recent  years, 
health  and  sanitary  laws  were  matters  of  local  govern- 

*  Cooley,  Constitutional  Limitations,  704,  706. 
98 


The  Exercise  of  the  Police  Power  99 

ment  only  ;  but  at  present  State  boards  of  health  are 
almost  universal.  The  establishment  of  these  boards 
has  made  the  regulations  upon  this  subject  more  uni- 
form ;  at  the  same  time  the  administration  of  laws  has  Health  and 
become  more  thorough.  For  popular  ignorance  and 
prejudice  often  prevent  the  execution  of  adequate  sani- 
tary measures.  This  is  especially  true  w^hen  contagious 
diseases  prevail.  Stringent  regulations  then  become 
necessary  for  disinfection,  isolation,  and  quarantine. 
Local  boards  of  health  exist  in  the  cities,  but  they  are 
not  so  common  in  rural  districts.  These  boards  are 
made  subject  to  control  by  State  boards. 

In  the  interest  of  public  health,  private  property  may 
be  declared  a  nuisance  and  removed  or  destroyed  at 
private  expense.  Many  cities  have  officers  who  inspect 
plumbing  and  appliances  for  sewage  disposal.  The  in- 
spection of  foods  of  all  kinds  is  a  function  of  health 
boards.  Most  States  prohibit  the  sale  of  cigarettes  to 
minors  as  being  injurious  to  health.  These  measures 
are  preventive  in  character,  and  their  scope  is  constantly 
being  enlarged.  The  chemical  examination  of  water 
supplies  reveals  an  important  source  of  disease.  A 
number  of  cities  have  forbidden  expectoration  in  street- 
cars and  public  places.  The  establishment  of  hospi- 
tals and  sanitariums  for  tuberculous  patients  has  been 
begun  in  some  localities.  Health  regulations  also  ex- 
tend to  the  examination  of  horses  and  cattle  and  their 
condemnation  when  diseased. 

2.  The  public  is  protected  from  danger  in  other  ways 
than  by  these  health  regulations  ;  for  instance,  by  laws  protection 
requiring  that  buildings  containing  halls  for  public  as-  danger, 
semblages  shall  have  doors  that  swing  outward,  and  by 
laws  compelling  the  erection  of  fire-escapes  on  tall  build- 
ings. In  cities,  wooden  structures  may  not  be  built 
within  the  "  fire  limits "  that  are  prescribed  by  ordi-* 


100 


The  Exercise  of  the  Police  Poioer 


Travel  and 
commerce. 


Common 
carriers. 


nances.     Private  property  may  be  destroyed  to  prevent 
the  spread  of  fire.  '^ 

The  law  regulates  certain  kinds  of  business  on  the 
ground  that  carelessness  might  render  them  injurious 
to  individuals  or  to  the  public.  For  this  reason  the  sale 
of  explosives,  fire-arms,  and  poisonous  drugs  is  accom- 
panied by  legal  restraints.  So  in  the  use  of  a  public 
wharf  or  a  market-place,  the  interests  of  the  few  must 
be  subordinated  to  the  welfare  of  the  greater  number. 

3.  The  conduct  of  individuals  upon  public  highways 
is  subject  to  legal  control ;  the  law  may  fix  the  rate  of 
speed  and  require  vehicles  to  turn  to  the  right.  Travel 
by  water  is  likewise  regulated.  The  States  declare  cer- 
tain rivers  and  lakes  within  their  limits  to  be  navigable 
waters ;  these  become  highways,  open  to  the  public* 
Consequently,  such  matters  as  the  conduct  of  vessels, 
the  building  of  dams,  bridges,  and  docks  are  regulated 
under  the  police  power  of  the  States. 

4.  Persons  and  corporations  are  subject  to  police 
regulation  because  of  the  nature  of  the  service  they 
render,  as  in  the  case  of  the  "common  carriers."  A 
common  carrier  is  "  one  who  holds  himself  as  a  carrier, 
inviting  the  employment  of  the  public  generally.  The 
most  familiar  classes  of  common  carriers  are  railroad 
companies,,  stage  coach  proprietors,  expressmen,  truck- 
men, ship-owners,  steam-boat  lines,  lightermen,  and 
ferrymen."  Any  person  falling  within  this  definition 
"  is  bound  to  serve  without  favoritism  all  who  desire  to 
employ  him,  and  is  liable  for  the  safety  of  goods  en- 
trusted to  him,  except  by  losses  from  the  act  of  God  or 
from  public  enemies,  or  unless  special  exemption  has 
been  agreed  upon ;  and  in  respect  to  the  safety  of  pas- 
sengers carried  he  is  liable  to  injuries  which  he  might 

*  But  if  they  are  used  in  interstate  or  foreign  traffic,  they  are  subject 
to  control  by  the  National  government.    See  p.  200. 


The  Exercise  of  the  Police  Power  101 

have  prevented  by  special  care."  *  Frequently  ilTLew'asi-  , 
mum  rates  to  be  charged  by  common  carriers  are  fixed 
by  law.  This  is  also  true  in  those  kinds  of  business 
that  involve  a  more  or  less  complete  monopoly.  It  is 
held  that  these  are  quasi  {i.e.,  in  a  certain  degree)  pub- 
lic employments.  The  water,  lighting,  and  transporta-  Pubiic- 
tion  services  of  a  city  are  subject  to  control  for  this  industries, 
reason.  Telegraph  and  telephone  companies  resemble 
common  carriers  very  closely,  though  they  are  not  con- 
sidered such  in  law.  Yet  they  are  often  made  subject 
to  the  same  regulations  and  liabilities  as  common  car- 
riers. Legal  restraints  are  enacted  for  certain  employ- 
ments in  which  there  is  liability  that  patrons  will  not 
receive  fair  treatment.  This  is  true  (aside  from  health 
regulations)  regarding  the  sale  of  milk,  cheese,  and  oleo- 
margarine. On  the  same  principles,  too,  the  management 
of  hotels  and  theatres  is  controlled. 

5.  Certain  employments  and  practices  are  forbidden 
or  placed  under  restrictions  because  they  are  in  them-  Restricted 
selves  immoral.  The  pursuit  of  gambling  in  its  various  ments. 
forms  falls  under  this  head.  The  State  interferes  to 
prevent  the  infliction  of  cruelty  upon  animals  because 
acts  of  this  nature  are  immoral ;  and  also  because  the 
moral  sense  of  people  is  shocked  by  the  sight  or  knowl- 
edge of  their  occurrence.  Partly  on  the  ground  of  the 
immorality  of  intemperance,  and  partly  because  of  the 
dangers  with  which  the  public  is  threatened  through 
this  vice,  the  manufacture  and  sale  of  intoxicating 
liquors  is  the  subject  of  State  control. 

In  the  regulation  of  employments,  for  whatever  rea- 
son, it  is  customary  for  the  State  to   require  licenses.   Licensed 
This   is   for  the  purpose  of   preventing  persons  from  ments. 
entering  these  employments  indiscriminately.     Accom- 
panying the  license  is  a  fee,  the  amount  of  which  may 

*  Century  Dictionary. 


lOtiS  The  Exercise  of  the  Police  Power 

b,6  (l),simpiy  sufficient  to  cover  the  expense  of  inspec- 
tion and  regulation  ;  or  (2)  it  may  be  large  enough  to 
discourage  or  even  to  render  impracticable  the  pursuit 
of  the  licensed  business.*  In  its  legal  aspect,  then,  a 
business  which  is  licensed  is  presumed  to  be  legitimate, 
but  to  require  regulation  in  order  that  the  public  may 
not  suffer  from  abuses  that  may  arise  in  connection 
vs^ith  it. 

The  lavrs  regulating  the  manufacture  and  sale  of  in- 
Liquor  toxicating  liquors  are  very  numerous.  Some  of  the 
most  common  of  these  prohibit  the  sale  to  minors,  to 
intoxicated  persons,  and  to  habitual  drunkards ;  also, 
the  sale  of  liquors  is  forbidden  on  Sunday,  on  legal 
holidays,  election  days,  and  during  certain  hours  of  the 
night.  The  following  restrictions  are  found  in  different 
States.  There  shall  not  be  more  than  one  saloon  to  a 
certain  number  of  inhabitants.  There  shall  be  no  sa- 
loon within  certain  distances  of  public  schools,  colleges, 
churches,  or  parks.  Screens  and  all  obstacles  to  a  clear 
view  of  the  place  where  liquor  is  sold  are  prohibited.  In 
some  States  liquor  must  be  sold  only  with  eatables  or 
in  connection  with  lodging-houses  and  hotels.  In  other 
States  liquor  must  never  be  sold  under  these  conditions. 
The  consent  of  the  owners  of  property  in  the  same  block 
or  near  the  saloon  is  sometimes  required.  Liquor  dealers 
are  made  responsible  for  damage  caused  by  an  intox- 
icated person  who  is  known  to  be  dangerous  when  under 
the  influence  of  liquor. 

*  The  term  "license  fee  "  is  often  attached  to  taxes;  e.g.,  the  license 
fees  paid  under  United  States  law  on  the  manufacture  and  sale  of 
liquors.  The  idea  here  is  simply  the  gaining  of  revenue.  Many  States 
require  license  fees  with  the  sole  purpose  of  raising  revenue.  See  p. 
66.  For  the  fiscal  year  ending  June  30, 1896,  the  license  fees,  special 
taxes,  and  fines  imposed  upon  the  liquor  business  by  States,  counties, 
and  municipalities  amounted  to  #50,569,313.  During  the  same  year  the 
revenue  of  the  United  States  from  this  source  was  $114,450,862.  Bul- 
letin of  Department  of  Labor,  No.  17,  July,  1898. 


The  Exercise  of  the  Police  Power  103 

The  governmental  regulation  of  this  business  has  ex- 
tended in  a  few  States  to  the  absolute  prohibition  of  all 
manufacture  and  sale  of  intoxicating  liquors.  Prohib-  Prohibitory 
itory  laws  "  are  looked  upon  as  police  regulations  estab- 
lished by  the  legislature  for  the  prevention  of  intemper- 
ance, pauperism,  and  crime,  and  for  the  abatement  of 
nuisances."* 

The  following  States  prohibit  the  manufacture  and  sale  of  intox- 
icating liquors,  except  for  medicinal,  mechanical,  and  scientific 
purposes  :  Maine,  Kansas,  and  North  Dakota.  In  New  Hampshire 
the  manufacture  alone  is  permitted.  All  but  four  States  of  the 
Union  have  statutes  requiring  that  physiology  be  taught  in  the 
common  schools,  with  especial  reference  to  the  effects  of  stimu- 
lants and  narcotics  upon  the  human  system. 

The  difficulties  in  the  enforcement  of  prohibitory  laws 
may  be  grouped  under  several  heads.  (1)  In  certain 
localities,  particularly  in  cities,  we  find  the  lack  of  pub- 
lic sentiment  favorable  to  their  enforcement.  In  these 
places  officials  have  sometimes  engaged  systematically 
in  the  practice  of  fining  or  taxing  saloon-keepers  with-  Enforce- 
out  attempting  to  enforce  the  prohibitory  laws.  (2)  prohibition. 
There  is  great  difficulty  in  preventing  the  importation 
of  liquors  into  prohibition  States,  f  (3)  Since  the  use 
of  alcoholic  liquors  for  medicinal  and  mechanical  pur- 
poses is  exempted  from  the  prohibition,  druggists  are 
licensed  to  dispense  them  under  prescription  by  a  phy- 
sician or  some  similar  regulation.  This  leads  to  viola- 
tion of  the  law,  drug-stores  sometimes  becoming  saloons 
in  everything  but  name.  (4)  There  are  a  multitude  of 
devices  for  evading  prohibitory  laws,  many  of  which  in- 
volve official  perjury  and  corruption. 

Local  option  contemplates  the  settlement  of  the  liquor- 
license  question  by  each  local  government  for  itself.    In 

*  Cooley,  Constitutional  Limitations,  718. 
t  See  interstate  commerce,  p.  199. 


104  The  Exercise  of  the  Police  Power 

some  States  the  issue  of  "  license  or  no  license "  must 
be  voted  upon  by  the  people  each  year.  Or,  again,  a 
vote  may  be  taken  if  a  certain  number  of  voters  peti- 
tion for  it. 

High  license  means  the  exaction  of  large  license  fees 
High  for  the  purpose  of   discouraging  the  liquor   business. 

The  combination  of  local  option  and  high  license  exists 
in  some  States,  The  fees  are  in  some  cases  $500  or 
more.  Saloons  in  cities  may  be  required  to  pay  more 
than  those  in  towns  of  the  same  State,  $1,000  being  not 
an  unusual  amount  for  the  former. 

The  granting  of  licenses  is  most  frequently  in  the 
hands  of  the  local  governing  board.  Bonds,  which  are 
liable  to  be  forfeited  for  non-compliance  with  the  law, 
may  be  required  of  the  licensee.  Sometimes  special 
commissioners  are  given  charge  of  the  entire  matter  of 
granting  and  revoking  licenses.  The  exercise  of  these 
powers  by  officers  opens  another  avenue  through  which 
corrupt  influences  enter  politics.  The  control  of  the 
liquor  business  by  licensing  authorities  and  by  the 
police  should  receive  the  constant  attention  of  citizens. 
In  no  other  way  will  the  enforcement  of  law  be  secured. 

In  the  State  of  South  Carolina  there  has  been  established,  since 
The  dis-  1893,  a  peculiar  method  of  dealing  with  the  liquor  problem,  known 
system:  ^^  the  Dispensary  System.     A  Board  of  Directors  of  the  Dispen- 

sary System  is  elected  by  the  General  Assembly.  This  board 
appoints  a  Commissioner  who  buys  all  liquors  that  are  sold,  with 
the  sanction  of  law,  in  the  State.  Their  sale  is  under  the  super- 
vision of  County  Boards  of  Control,  who  appoint  Dispensers  in 
towns  and  cities  to  retail  the  liquor  in  the  original  packages.  The 
State  has  a  monopoly  of  the  liquor  business,  and  by  selling  at  a 
good  profit  realizes  considerable  revenue  ;  this  is  divided  between 
the  counties  and  the  municipalities.  Another  interesting  system  is 
that  in  operation  in  Gothenburg  and  other  cities  of  Sweden. 


The  Exercise  of  the  Police  Power  106 


Supplementary  Questions  and  References. 

1.  How  do  you  reconcile  the  legal  restrictions  enumer- 
ated in  this  chapter  with  the  inherent  right  to  *'  life, 
liberty,  and  the  pursuit  of  happiness  "  guaranteed  by  State 
constitutions  ? 

2.  What  provisions  relating  to  the  topics  mentioned  in 
this  chapter  are  found  in  the  statutes  of  your  State  ?  Can 
you  discover  other  provisions  illustrating  the  exercise  of 
the  State's  police  power? 

3.  Should  the  National  government  inaugurate  a  sys- 
tem of  health  regulation  ?  N.  Am.  Rev.,  165  :  733-752  ; 
166  :  543-551  ;  167  :  527-533 ;  Outlook,  61  :  155-156  ; 
Forum,  26  :  684-692. 

4.  Are  the  liquor  laws  of  your  locality  enforced? 
Which  method  of  controlling  the  sale  of  liquor  do  you  pre- 
fer?   For  what  reasons? 

5.  The  general  powers  (including  police  powers)  of  pub- 
lic corporations  are  discussed  in  Dole,  Talks  About  Law, 
chapter  26.     For  common  carriers,  see  Dole,  pp.  372-377. 

6.  The  following  references  are  available  for  topics  re- 
lating to  the  liquor  problem  :  Bliss,  Encyclopedia  of 
Sociar  Reform  ;  Wright,  Practical  Sociology,  chapter  23 ; 
Wines  and  Koren,  The  Liquor  Problem  in  its  Legis- 
lative Aspects  (this  book  contains  a  general  discussion 
of  the  problem,  chapters  upon  prohibition  in  Iowa  and 
Maine,  and  the  liquor  laws  of  South  Carolina,  Massachu- 
setts, Pennsylvania,  Ohio,  Indiana,  Missouri,  and  New 
York)  ;  The  Gothenburg  System,  Fifth  Special  Report 
of  the  Commissioner  of  Labor  (1893)  ;  Economic  Aspects 
of  the  Liquor  Problem,  Twelfth  Annual  Report  of  the 
Commissioner  of  Labor  (1897-98).  (Contains  digest  of 
State  laws  and  statistics  of  revenue  from  the  liquor  busi- 
ness.) 

7.  Liquor  Legislation.— Eliot,  Atl.  Mo.,  79  :  177-187 ; 
N.  Am.  Rev.,  147  :  638-644  ;  156  :  728-738  ;  162  :  287-291 ; 
292-295 ;  Forum,  21  :  595-606 ;  18  :  339-351  ;  Pop.  Sci. 
Mo. ,    44  :  577-593 ;    55  :  438-450  ;    610-622  ;    Raines    Law 


106  The  Exercise  of  the  Police  Power 

(New  York),  N.  Am.  Rev.,  163  :  481-485  ;  Gothenburg 
and  South  Carolina  Systems,  Forum,  17  :  103-113  ;  26  : 
551-560;  N.  Am.  Rev.,  158  :  140-149;  513-519  ;  Arena, 
9  :  836-837;  841-844;  N.  Eng.  Mag.,  11  :  785-797;  Out- 
look, 56  :  985-988  ;  Drink  Problem  in  New  York  City, 
Waring,  Outlook,  60  :  436-440 ;  No-license  in  Cam- 
bridge, N.  Eng.  Mag.,  13  :  53-59. 


CHAPTER  XI 

LABOR  LEGISLATION 

The  laws  that  fall  under  this  designation  are  very- 
similar  in  their  general  purpose  to  those  through  which 
the  State  exercises  its  police  power.  It  will  be  conven- 
ient to  consider  these  laws  as  grouped  into  several 
classes. 

1.  There  are  laws  that  relate  to  the  age  of  workers 
and  the  hours  of  labor.  Attention  was  early  called  to 
the  necessity  for  labor  legislation  because  of  the  employ- 
ment of  young  children  in  factories  and  the  long  hours  Labor  of 
of  service  for  women  and  children.  State  laws  now  children, 
quite  generally  prohibit  the  employment  of  these  per- 
sons for  more  than  ten  hours  a  day,  or  sixty  hours  a 
week.  The  employment  of  children  in  factories  and 
mercantile  establishments  is  made  illegal,  though  the 
age  limit  varies  from  ten  to  fourteen  or  sixteen  years. 
Accompanying  these  laws  are  requirements  that  children 
be  given  a  minimum  number  of  months'  schooling  each 
year. 

There  has  been  much  agitation  in  favor  of  a  legal 
eight-hour  day  for  workmen.  The  employees  of  the 
National  and  of  many  State  governments  work  under 
this  rule.  Many  State  legislatures  have  declared  eight  Theei^ht- 
hours  to  be  a  normal  working  day  ;  but  freedom  of  ^"^  ^^' 
contract  is  allowed  in  this  matter,  so  that  in  those  States 
most  laborers  work  for  the  full  ten  hours.  There  are  a 
few  exceptions  to  this  rule,  however  ;  in  certain  industries 
and  kinds  of  employment  that  are  considered  especially 

107 


108 


Labor  Legislation 


Safety  and 
comfort  of 
employees. 


Wages. 


Trade 
unions. 


Strikes. 


dangerous  or  difficult,  laws  fix  a  maximum  number  of 
tours.  In  Wisconsin  the  eight-hour  day  is  compulsory 
for  women ;  but  in  Illinois,  a  similar  law  was  declared 
unconstitutional  on  the  ground  that  it  interfered  with 
freedom  of  contract.  Sunday  labor  is  prohibited  in  most 
States. 

2.  The  second  class  of  labor  laws  specify  the  condi- 
tions under  which  labor  may  be  carried  on.  They  regu- 
late the  manner  in  which  factory  buildings  shall  be 
constructed  and  ventilated  ;  the  lighting  and  sanitation 
of  these  buildings  must  conform  to  certain  require- 
ments. Under  certain  conditions,  seats  must  be  pro- 
vided for  employees.  The  hours  for  meals  must  be 
reasonable.  Sweat-shops  are  prohibited.  Steam  boilers 
are  inspected  and  engineers  are  examined.  Machinery 
must  be  so  placed  and  guarded  that  employees  will  not 
be  compelled  to  work  in  dangerous  situations.  Mines, 
in  particular,  are  subject  to  State  laws  intended  to  se- 
cure the  safety  of  miners. 

3.  The  relations  of  employers  and  employees,  and  of 
both  to  the  public,  form  a  very  important  but  com- 
plicated subject  of  legislation.  There  are  laws  regulat- 
ing the  time  for  the  payment  of  wages,  and  prohibiting 
the  truck  system.  Other  laws  forbid  blacklisting  and 
boycotting.  The  liabilities  of  employers  for  damages, 
because  of  accidents  in  which  employees  suffer,  are  fixed 
in  many  States  by  legislation.  Trades  unions  and  their 
members  have  received  legal  protection  in  various 
ways  ;  for  instance,  laws  prevent  the  discharge  of  em- 
ployees for  the  sole  reason  that  they  are  members  of 
these  organizations.  One  of  the  most  difficult  subjects 
of  legislation  in  this  field  is  that  relating  to  labor  con- 
flicts. Laws  which  undertake  to  control  strikes  and 
lock-outs  are  being  supplemented  by  others  calculated 
to  prevent  these  labor  wars.     In  about  one-half  the 


Labor  Legislation.  109 

States,  boards  of  arbitration  and  conciliation  have  been 
established.  These  boards  are  empowered  to  offer  their 
services  to  aid  in  the  settlement  of  disputes  between  Arbitration, 
employers  and  employed,  and  to  investigate  and  report 
facts  concerning  strikes.  But  nowhere  in  this  country 
has  the  compulsory  arbitration  of  labor  disputes  been 
made  legal,  and  it  is  difficult  to  see  how  such  a  law 
could  be  administered. 

When  damage  to  property  or  to   business  interests  has  been 
threatened  by  strikes,  courts  have  granted  injunctions,  and  by  this   Injunctions, 
means  the  acts  of  strikers  were  controlled.     Much  opposition  has 
arisen  to  this  method  of  dealing  with  these  cases;    it  is  called 
"  government  by  injunction." 

The  relations  between  workmen  and  their  employers  are  deter- 
mined primarily  by  the  rules  of  "  common  lawo"  This  is  that  body  Tlie  com- 
of  law  ''which  originated  in  the  common  wisdom  and  experience 
of  society,  in  time  became  an  established  custom,  and  has  finally 
received  judicial  sanction  and  affirmance  in  the  decision  of  the 
courts  of  last  resort. "  *  It  is  found  in  reported  decisions  of 
courts  and  in  legal  text-books  of  established  authority.  But  the 
new  conditions  of  modern  industrial  life  have  rendered  necessary 
statute  laws  which  modify  and  supplement  the  rules  of  the  com- 
mon law. 

4  The  enforcement  of  labor  laws  is  a  duty  of  State 
and  local  officers  ;  but  in  nearly  every  State  of  the 
Union  there  have  been  created  bureaus  of  statistics  of  Labor  bu- 
labor  having  more  or  less  complete  powers  over  the 
administration  of  the  laws  under  consideration.  In 
some  cases  the  powers  are  merely  those  of  collecting 
statistical  information  and  of  inspection  in  the  ordinary 
sense  of  that  term  ;  in  these  ways  much  valuable  infor- 
mation concerning  conditions  of  labor  is  made  public. 
But  the  power  of  enforcing  labor  laws  is  often  vested  in 
these  bureaus,  or  in  special  officers  called  factory  in- 
spectors, who  devote  their  time  to  this  matter. 

*  Robinson,  Elementary  Law,  2 ;  Dole,  Talks  about  Law,  8. 


reaus. 


110  Labor  Legislation 

5.  Looking  toward  the  prevention  of  evils  and  con- 
flicts in  the  industrial  world,  we  find  the  establishment,  by 
Industrial  city  and  State  governments,  of  industrial  and  technical 
schools  and  the  incorporation  of  manual  training  courses 
in  the  common  schools.  For  with  the  increased  intelli- 
gence and  skill  of  workmen  will  come  increased  respect 
for  their  rights,  and  more  reasonable  settlement  of 
their  relations  to  capitalists. 

It  is  the  development  of  modern  industry  that  has 
made  necessary  this  mass  of  legislation  upon  so  many 
different  topics.  In  the  exercise  of  these  powers,  the 
State  wields,  through  governmental  agencies,  an  im- 
mense economic  influence.  The  economic  functions  of 
government  become  of  increasing  importance  yearly  ; 
for  in  their  exercise  the  State  attempts,  by  the  enact- 
ment of  temporary  devices  or  permanent  policies,  to 
solve  the  great  social  problems  of  to-day. 

Supplementary  Questions  and  References. 

1.  Find  in  the  statutes  of  your  State  provisions  regu- 
lating the  employment  of  labor.  Has  your  State  an 
efficient  system  of  factory  inspection  ? 

3.  When  were  the  first  factory  acts  of  England  passed  ? 
Gardiner,  History  of  England,  911,  927. 

3.  What  value  have  the  statistics  that  are  collected  by 
labor  bureaus  ? 

4.  What  has  been  accomplished  in  your  State  toward 
the  peaceful  settlement  of  labor  disputes  ? 

5.  The  use  of  injunctions  in  connection  with  labor 
troubles.  Outlook,  55  :  164-166  ;  192-193  ;  56  :  390  ;  Na- 
tion, 65  :  160-161 ;  256-257 ;  Rev.  of  R's,  16  :  356  ;  Arena, 
20 :  194-206. 

6.  Why  are  the  economic  functions  of  government 
increasing  ? 

7.  Labor  legislation.  Stimson,  Labor  in  its  Relations  to 
Law.    By  the  same  author,  Handbook  to  the  Labor  Laws 


Labor  Legislation  111 

of  the  United  States  ;  Wright,  Practical  Sociology,  chap- 
ters 22-36  ;  Wright,  Industrial  Evolution  of  the  United 
States,  chapters  22,  23  ;  Stimson,  Atl.  Mo.,  80  :  605-619  ; 
Dole,  Talks  About  Law,  chapter  23  ;  Labor  Laws  of  the 
States,  Second  Special  Report  of  the  Commissioner  of 
Labor,  1892  (Revised  1896)  ;  Inspection  of  Factories  and 
Workshops  in  the  United  States,  Bulletin  of  the  Depart- 
ment of  Labor,  No.  12,  September  1897-;  Protection  of 
Workmen  in  their  Employment,  Bulletin  of  the  Depart 
ment  of  Labor,  No.  20,  January  1900. 

8.  Should  the  United  States  follow  the  example  of  Ger- 
many and  other  European  countries  in  adopting  compul- 
sory insurance  for  workmen  ?  Fourth  Special  Report  of 
the  Commissioner  of  Labor,  1891. 


PART  II 

THE    NATIONAL   GOVERNMENT 


CHAPTER  Xn 

STEPS  LEADING  TO  UNION 

A  NOTABLE  fact  presents  itself  as  we  consider  the  re- 
lations of  the  colonies  prior  to  the  Revolutionary  war. 
There  was  a  general  indifference  towards  union,  and  it 
was  only  by  slow  and  arduous  steps  that  union  was 
finally  accomplished.  This  may  be  partially  accounted 
Colonial  for,  if  it  be  recalled  that  the  early  settlements  were 
usually  found  scattered  along  the  coast,  each  with  its 
own  harbors  and  interior  waterways.  Lack  of  roads, 
together  with  the  primitive  methods  of  travel  then  in  use, 
rendered  extended  inter-communication  wellnigh  im- 
possible. Besides,  each  colony  had  its  own  separate 
government,  and  different  religious  beliefs  and  practices 
tended  to  produce  distrust  and  dislike  among  the 
colonists.  There  were,  however,  some  strong  bonds  of 
sympathy.  Their  language  and  institutions  were  mainly 
English,  and  they  were  interested  in  the  development  of 
liberal  government.  Again,  a  community  of  interests 
was  created  in  the  necessity  for  protection  against  their 
Indian,  French,  and  Dutch  foes.  In  general,  it  may  be 
said  that  confederation  was  early  brought  about  through 
the  need  for  defence,  but  union  has  been  the  fruit  of  long 
years  of  transformation  and  assimilation. 

112 


Steps  Leading  to  Union  113 

The   first   definite   step  was  taken  toward  union   in 
1639,  when  representatives  of  the  Connecticut  towns —   onionof 
Hartford,  Windsor,  and  Wethersfield — met  and  adopted  necticuf 
a  constitution  characterized  by  Mr.  Bryce  as  ''  the  oldest  *°^"^'  ^^^*' 
truly  political  constitution  in  America." 

In  1643  the  four  colonies — Massachusetts  Bay,  New 
Plymouth,  Connecticut,  and  New  Haven — entered  into  a 
league  ("  for  mutual  help  and  strength  in  all  our  future  The  New- 
concernments  ")  known  by  the  name  of  the  United  Col-  confedera- 
onies  of  New  England.  This  confederation  was  neces- 
sary, because  the  English  government,  then  in  the  midst 
of  the  Puritan  revolution,  was  unable  to  furnish  the 
colonists  protection  against  their  Dutch,  French,  and 
Indian  enemies.  In  the  annual  meetings  of  the  commis- 
sioners, two  being  sent  by  each  colony,  questions  per- 
taining to  war,  peace,  and  relations  with  the  Indians  were 
discussed.  This  central  government  possessed  only  ad- 
visory power  over  the  colonies,  and  had  no  power  what- 
ever over  the  individual  citizens.  The  confederation 
was  finally  dissolved  in  1684. 

During  the  intercolonial  wars  the  colonists  were  in 
constant  danger  from  attacks  by  the  French  and  Ind- 
ians.    The  meeting  at  New  York  in  1690  of  commis-   conference 
sioners  from  Massachusetts,  Plymouth,  Connecticut,  and  i69o  and 

1754. 

New  York  *'  to  fix  upon  such  methods  as  should  be 
judged  most  suitable  to  provide  for  the  general  defence 
and  security  and  for  subduing  the  common  enemy,"  was 
the  first  of  about  a  dozen  such  intercolonial  conferences. 
Through  these  meetings,  and  especially  by  the  co-opera- 
tion of  the  forces  of  the  various  colonies  in  the  army  and 
the  navy,  social  and  religious  prejudices  were  weakened 
and  the  sentiment  for  union  was  stimulated.  In  1697 
William  Penn  presented  to  the  Board  of  Trade  a  plan  Penn's  plan 

,  .  of  union, 

for  the  union  of  the  colonies  which,  though  not  adopted,   i697. 
is  of  interest,  for  it  contained  the  first  use  of  the  word 


114  Steps  Leading  to  Union 

"  Congress  "  in  connection  with  American  affairs.  The 
plans  presented  for  the  fifty  years  following  were  largely 
fashioned  after  this  model. 

The  Lords  of  Trade,  knowing  that  a  general  colonial 
war,  caused  by  French  aggression,  was  inevitable, 
directed  that  a  Congress,  consisting  of  delegates  from 
The  Albany  all  the  colonies,  should  assemble  at  Albany  for  the  pur- 
1754.  '  pose  of  making  a  treaty  with  the  Iroquois  Indians  and 
considering  other  means  of  defence.  The  suggestion 
was  made  in  America  that  the  commissioners  should  also 
draw  up  some  plan  for  colonial  union.  This  Congress, 
consisting  of  twenty-five  of  the  leading  men  from  seven 
different  colonies,  was  an  important  advance  toward 
union.  A  treaty  with  the  Indians  was  secured.  The 
Congress  then  adopted  unanimously  the  resolution  that 
"  A  union  of  all  the  colonies  is  at  present  absolutely 
necessary  for  security  and  defence."  A  plan  of  union, 
drawn  up  by  Benjamin  Franklin  and  known  as  the  Al- 
bany plan,  was  also  adopted.  This  plan,  which  provided 
for  the  permanent  federation  of  all  the  colonies,  not 
only  failed  to  secure  the  ratification  of  a  single  colony, 
but  also  met  the  disapproval  of  the  English  government. 
Franklin  said  :  **  The  assemblies  all  thought  there  was 
too  much  prerogative,  and  in  England  it  was  thought  to 
have  too  much  of  the  democratic." 

Stirred  by  the  various  acts  of  the  English  government 
The  stamp  and  especially  by  the  passage  of  the  Stamp  Act,  the 
gresS^nes.  Massachusetts  House  of  Kepresentatives  issued  an  invi- 
tation, to  the  other  colonial  assemblies,  to  send  delegates 
to  a  general  meeting.  Nine  colonies  responded  by 
sending  twenty-eight  men  to  the  Congress  which  assem- 
bled in  New  York,  October  7,  1765.*  They  were  in 
session  two  weeks  and  during  this  time  petitions  to  the 

*  Virginia,  New  Hampshire,  Georgia,  and  North  Carolina  sympathized 
with  the  movement  but  did  not  send  delegates. 


Steps  Leading  to  Union  115 

English  gOYernment  and  a  declaration  of  rights  were 
formulated.  This  declaration  is  of  importance  in  that 
it  sets  forth  for  the  first  time  the  united  views  of  the 
colonists  relative  to  questions  which  were  to  form  the 
basis  for  revolution.  The  Congress  declared  the  rights 
of  the  colonists  to  be  the  same  as  those  of  natural  born 
subjects  of  England.  It  is  notable  that  here  again  rep- 
i^sentatives  had  assembled  on  the  motion  of  the  colo- 
nists themselves.  An  advanced  position  was  taken  by- 
Christopher  Gadsden  of  South  Carolina,  who  asserted : 
"There  ought  to  be  no  New  England  man,  no  New 
Yorker,  known  on  the  continent ;  but  all  of  us  Amer- 
icans." During  the  following  year  the  Stamp  Act  was 
repealed. 

The  policy  of  coercion  was  still  continued  by  the  Eng- 
lish government,  and  finally  the  repressive  acts  of  1774 
were  passed.  Again  Massachusetts,  June  17,  1774, 
under  the  leadership  of  Samuel  Adams,  called  for  a  con- 
gress of  all  the  colonies  and  hastened  the  meeting  The  first 
through  its  committee  of  correspondence.  Delegates  congress, 
from  all  of  the  colonies,  with  the  exception  of  Georgia, 
assembled  at  Philadelphia,  September  5,  1774.  In  this 
Congress,  without  legal  status,  its  representatives  having 
been  chosen  ordinarily  by  irregular  congresses  and  con- 
ventions, there  were  again  some  of  the  most  influential 
men  in  America.  Eesolutions  were  passed  approving 
the  action  of  Massachusetts  in  her  resistance  to  the 
measures  of  Parliament,  and  a  Declaration  of  Rights  was 
prepared.  In  this  Declaration  was  asserted  the  right  of 
exclusive  legislation  in  the  colonial  legislatures,  limited 
only  by  the  negative  of  "  their  sovereign  in  all  cases  of 
taxation  and  internal  polity."  They  insisted  on  the 
right  of  trial  by  jury,  and  protested  against  the  keeping 
of  a  standing  army  in  any  colony  without  the  consent  of 
the  legislature  of  that  colony.     Certain  acts  were  also 


1774. 


116 


Steps  Leading  to  Union 


The  second 
Continental 
Congress, 
1775. 


Organiza- 
tion of  the 
Congress. 


Authority 
of  the 
Congress. 


Powers 
exercised 
by  Ctongress. 


enumerated  whicli  were  to  be  revoked  by  Parliament 
before  harmony  could  be  restored. 

The  resolutions  of  the  first  Continental  Congress  had 
little  influence  on  the  English  government,  and  other 
measures  were  quickly  passed  carrying  out  the  policy 
of  repression.  Before  the  second  Continental  Congress 
assembled,  the  battle  of  Lexington  had  been  fought 
and  the  American  forces  were  then  holding  Boston  in  a 
state  of  blockade.  This  Congress  convened  in  Phila- 
delphia, May  10,  1775,  and  continued  in  session,  with 
adjournments  from  time  to  time,  until  March  1,  1781. 

All  of  the  colonies  were  represented,  and  nearly  all  of 
the  delegates  had  been  members  of  the  first  Continental 
Congress.  The  members  sat  behind  closed  doors  and 
were  enjoined  to  keep  all  matters  of  discussion  abso- 
lutely secret.  It  was  determined  that  each  State  should 
have  one  vote  and  that  final  authority  on  all  questions 
should  rest  with  a  majority  of  the  States  assembled  in 
the  Congress. 

Like  previous  Congresses,  this  one  was,  at  first,  merely 
an  advisory  body.  It  was  expected  that  all  matters 
would  be  reported  back  to  the  States  for  instructions, 
but  the  crisis  had  come  and  the  situation  compelled 
Congress  to  exercise  sovereign  powers. 

Congress  at  once  took  control  of  military  affairs  and 
called  Washington  to  the  command  of  the  army  which 
it  created.  It  provided  for  a  national  currency  ;  organ- 
ized a  general  post-office ;  and  threw  open  American 
ports  to  the  ships  of  all  nations.  It  furthered  union 
and  independence  by  the  appointment  of  a  committee 
to  formulate  the  ideas  on  independence  then  prevalent ; 
and  of  another  committee  to  prepare  the  form  of  confed- 
eration to  be  entered  into.  Between  May  10, 1775,  and 
July  4,  1776,  the  change  in  sentiment  was  rapid.  King 
George  III.  refused  to  return  a  formal  answer  to  their 


Steps  Leading  to  Union  117 

last  petition  and  proclaimed  tlie  colonists  "  dangerous 
and  ill-designing  men."  Heretofore,  the  colonists  had 
striven  for  a  union  of  thought  and  action,  which  they 
believed  to  be  the  best  means  to  secure  those  rights  The 
which  were  everywhere  the  heritage  of  Englishmen,  ofindepend- 
When  the  result  of  the  last  petition  became  known, 
October  31,  1775,  there  was  no  longer  any  hesitancy 
with  regard  to  the  course  to  be  pursued.  Henceforth, 
they  were  to  gather  additional  inspiration  as  they  strove 
to  secure  rights  regarded  as  common  to  all  mankind. 
These  new  views  were  embodied  in  the  Declaration  of 
Independence. 

Even  before  the  adoption  of  the  Declaration  of  Inde- 
pendence, Congress  recommended,  having  been  appealed  The  coio- 
to  for  advice  by  New  Hampshire,  South  Carolina,  and  states. 
Virginia,  that  new  forms  of  government  should  be  estab- 
lished.    By  the  year  1777  ten  States  had  framed  new 
constitutions. 

The  problem  of  the  relations  between  the  general 
government  and  the  States  was  second  in  importance 
only  to  the  problem  of  the  winning  of  independence 
from  England.  The  State  legislatures  were  held  in 
greater  respect  than  was  the  Continental  Congress.  It 
became  clear,  then,  to  some  of  the  leaders,  that  if  union 
were  to  be  preserved,  it  would  be  necessary  to  have  a 
government  more  effective  than  a  revolutionary  assem- 
bly. As  early  as  July  21,  1775,  Franklin  had  seen  the 
need  and  had  presented  to  Congress  a  plan  for  "  Per- 
petual Union."  No  action  was  taken  by  Congress,  and 
it  remained  for  Richard  Henry  Lee,  the  following  year, 
to  offer  in  connection  with  his  resolution  for  independ- 
ence another  resolution  for  the  drafting  of  the  Articles  The  Articles 
of  Confederation.  On  June  12th,  the  day  on  which  the  ation. 
committee  was  appointed  to  draw  up  a  Declaration  of 
Independence,  Congress  also  named  a  committee,  con- 


118 


Steps  Leading  to  Union 


Nature  of 
the  pcovem- 
ment 
establlBhed. 


Defects  in 
Qie  govern- 
ment. 


sisting  of  one  member  from  each  colony,  to  prepare  a 
form  of  confederation  to  be  entered  into  between  the 
colonies.  The  report  of  this  committee  was  submitted 
one  month  later  by  its  chairman,  John  Dickinson,  of 
Pennsylvania.  A  year  and  five  months,  a  most  momen- 
tous period  in  the  history  of  our  country,  was  to  elapse 
before  the  Articles,  as  amended,  were  adopted  by  Con- 
gress and  submitted  to  the  State  legislatures  for  ap- 
proval.* Three  years  and  a  half  more  elapsed  before 
Maryland,  the  last  State,  ratified,  March  1,  1781. 

The  adoption  of  the  Articles  of  Confederation  marks 
one  of  the  most  important  events  in  the  history  of  the 
United  States.  While  it  must  always  be  regarded  as  a 
weak  instrument  of  government,  we  must  not  forget 
that  the  Continental  Congress  worked  along  entirely 
new  lines,  for  never  before  had  a  confederation  so  ex- 
tended as  this  been  even  proposed.  That  there  should 
be  a  general  desire  for  union  no  matter  how  weak  the 
tie,  was  of  great  significance.  Heretofore,  there  had  ex- 
isted the  idea  of  union  against  England,  but  from  now 
on  questions  of  domestic  importance  were  to  be  of  chief 
interest. 

The  weaknesses  in  the  government  were  mainly  these  : 
Congress  might  make  the  laws  but  could  not  enforce 
them.  There  was  no  separate  executive  to  enforce  and 
no  judiciary  to  interpret  the  laws.  No  important  res- 
olution could  be  passed  in  Congress  without  the  votes 
of  nine  States,  and  the  Articles  could  not  be  amended 
except  by  the  ratification  of  all  the  States.  Congress 
acted  on  the  States  and  not  on  individuals,  but  it  had 
no  power  to  coerce  the  States.  "  Its  function  was  to  ad- 
vise, not  to  command.'' 

The.  fatal  lack  of  organization  in  the  government 
early  produced  momentous    results.      While   the  wai 

*  From  July  11,  1776,  to  November  17,  1777. 


ment. 


Steps  Leading  to  Union  119 

continued,  union  for  self-preservation  was  necessary ; 
but  wlien  peace  ensued,  the  principle  of  local  self-  Practical 
government  in  the  States  became  more  manifest.  Wash-  Se^givlm' 
ington  saw  the  trend  of  affairs,  and  in  a  circular  letter 
to  the  governors  of  the  several  States,  shortly  before  his 
resignation  as  commander  of  the  army,  expressed  his 
views  in  the  following  words :  "  Unless  the  States  will 
suffer  Congress  to  exercise  those  prerogatives  they  are  un- 
doubtedly invested  with  by  the  Constitution,  everything 
must  very  rapidly  tend  to  anarchy  and  confusion.  .  .  . 
Whatever  measures  have  a  tendency  to  dissolve  the 
Union  or  contribute  to  violate  or  lessen  the  sovereign 
authority  ought  to  be  considered  hostile  to  the  liberty 
and  independence  of  America,  and  the  authors  of  them 
treated  accordingly."  Had  this  appeal  been  appreciated 
by  the  States,  the  condition  of  anarchy  which  followed 
would  not  have  occurred.  But  the  jealousy  of  the 
States  for  the  central  government  continued  to  increase ; 
the  State  interests  became  dominant,  and  that  most 
dangerous  period  of  our  history,  extending  from  1783 
to  1788,  well  called  the  "critical  period,"  succeeded.  It 
was  apparent  that  the  government  under  the  Articles 
of  Confederation  was  a  failure  and  that  the  Nation  was 
drifting  rapidly  toward  anarchy  and  open  rebellion. 
Fortunately  in  this  darkest  hour  there  came  forward 
Washington,  Franklin,  Hamilton,  Madison,  and  other 
leaders  who  were  prepared,  if  need  be,  to  make  compro- 
mises, but  who  were  determined  to  preserve  the  ele- 
ments of  union  already  secured. 


120  Steps  Leading  to  Union 


Supplementary  Questions  and  References. 

1.  a.  Who  were  the  Lords  of  Trade,  and  what  was  their 

attitude  toward  the  colonies  ? 

b.  Why  was  the  spirit  manifested  by  the  colonial  gov- 

ernors a  cause  for  co-operation  between  the  col- 
onies? 

C.  What  were  the  two  ideas  of  federation  ? 

d.  Why  was  Federal  union  hopeless?  Fiske,  Amer- 
ican Revolution,  I,  1-6. 

2.  What  were  the  chief  provisions  of  the  Connecticut 
constitution  ?  Old  South  Leaflets,  No.  8 ;  Thwaites,  The 
Colonies,  142,  143 ;  Hart,  American  History  Told  by  Con- 
temporaries, I,  415-419. 

3.  o.  Why  were  not  the  colonies  of  Rhode  Island  and 

Maine  included  in  the  New  England  confeder- 
acy ?  Fiske,  Beginnings  of  New  England,  155- 
158. 
h.  Read  the  Articles  of  Confederation  of  the  United 
Colonies  of  New  England.  American  History 
Leaflets,  No.  7. 

1.  Reasons  for  "  consotiation. " 

2.  In  what  way  were  the  apportionments  of  men 

and  expenses  to  be  made  ? 

3.  The  numbers,  qualifications,  and  authority  of 

the  commissioners  ? 

4.  The   significance  of   the   provision  relative  to 

fugitives  ? 

c.  Reasons  for  the  dissolution  of  the  league  ?    Fiske, 

Beginnings  of  New  England,  159. 

4.  For  a  summary  of  the  intercolonial  conferences  see 
Frothingham,  Rise  of  the  Republic,  118-120 ;  American 
History  Leaflets,  No.  14. 

5.  a.  After  reading  the  Albany  Plan,  give  reasons  for  the 

statements  made  by  Franklin.    Old  South  Leaf- 
lets, No.  9. 
&,  How  were  the  members  to  be  apportioned  among 
the  colonies  ? 


Steps  Leading  to  Union  121 

c.  Give  a  list  of  the  powers  of  the  central  government 
under  this  plan.  Did  it  possess  full  power  to 
make  laws  ? 

6.  a.  What  was  the  character  of  the  other  acts  to  which 

the  colonists  objected?  Fiske,  The  American 
Revolution,  I,  12-16. 
h.  State  the  provisions  of  the  Stamp  Act  and  points 
connected  with  its  enactment.  Frothingham, 
Rise  of  the  Republic,  175,  176  ;  American  History 
Leaflets,  No.  21. 

c.  How  was  the  Stamp  Act  regarded  in  the  different 

colonies  as  shown  by  the  addresses  made,  the 
resolutions  offered,  and  the  acts  of  opposition  ? 
Fiske,  The  American  Revolution,  1, 16-20 ;  22-25 ; 
Hart,  American  History  Told  by  Contempo- 
raries, II,  395-411  ;  Tyler,  Patrick  Henry  (Amer- 
ican Statesmen),  chapters  5  and  6. 

d.  Why  were  not  all  of  the  colonies  represented? 

Fiske,  The  American  Revolution,  I,  21. 

e.  Give  the  chief  points  connected  with  the  debate  on 

the  repeal  of  the  Stamp  Act.  Fiske,  The  Amer- 
ican Revolution,  I,  27,  28 ;  Hosmer,  Samuel 
Adams  (American  Statesmen),  chapter  6. 

7.  What  was  the  origin  of  the  Committees  of  Corre- 
spondence and  how  did  they  aid  in  unification  ?  Sloane, 
The  French  War  and  the  Revolution,  161,  162  ;  Hart,  For- 
mation of  the  Union,  57. 

8.  How  were  the  delegates  to  the  Second  Continental 
Congress  appointed  ?  What  was  the  character  of  this  Con- 
gress ?  Hart,  Formation  of  the  Union,  73,  74  ;  Fiske,  The 
Critical  Period  of  American  History,  92,  93. 

9.  a.  Which  of  the  colonies  took  the  first  decisive  action 

with  reference  to  independence  ? 
&.  Was  the  author  of  the  Declaration  of  Independence 
especially  fitted  for  his  task  ? 

c.  Could  the  same  results  have  been  attained  in  a  dif- 

ferent manner  ? 

d.  Analyze  the  Declaration  of  Independence  and  se- 

lect from  it  the  causes  for  the  Revolution.     See 


122  Ste'ps  Leading  to  Union 

also  Fiske,  The  American  Revolution,  I,  172- 
197. 

10.  a.  Why  was  the  adoption  of  the  Articles  of  Confed- 

eration so  long  delayed  ?  Hart,  American 
History  Told  by  Contemporaries,  II,  539-543  ; 
Fiske,  The  Critical  Period  of  American  His- 
tory, 93-95  ;  Walker,  The  Making  of  the  Nation, 
6 ;  Hart,  Formation  of  the  Union,  93-95. 

b.  Read  the  Articles  of    Confederation.      Read   the 

Articles  of  Confederation,  Appendix  AA,  374  ; 
American  History  Leaflets,  No.  20. 

1.  How  was  the  Congress  composed  ? 

2.  The  number  necessary  for  a  quorum  ? 

3.  The  powers  of  Congress  ? 

4.  Powers  of  the  separate  States  ? 

c.  Defects  of  the  Confederation.   The  Federalist,  Nos. 

21  and  22  ;  Hart,  American  History  Told  by 
Contemporaries,  II,  591-603. 

11.  a.  What  was  the  attitude  toward  union  during  the 

period  1783-1788  ? 

6.  Were  there  notable  bonds  of  union  even  at  this 
time?  What  other  influences  have  increased 
this  sentiment  ?  Fiske,  Critical  Period  of 
American  History,  55-63  ;  Walker,  The  Mak- 
ing of  the  Nation,  7,  8. 

C.  Describe  the  character  of  the  money  of  the  period 
and  its  influence.  Fiske,  Critical  Period  of 
American  History,  162-186. 


CHAPTER   XIII 

THE  CONSTITUTIONAL   CONVENTION 

Among  the  many  difficulties  referred  to  in  the  previous 
chapter,  there  were  constant  disputes  between  Virginia 

and  Maryland  relative  to  the  navigation  of  the  Potomac  Events  lead- 

River  and  of  the  Chesapeake  Bay.     Finally,  in  March,  constitu- 

1785,  three   commissioners   from   these  States,  on  the  convention, 
recommendation  of  Mr.  Madison,  met  at  Alexandria,  Va., 

for  the  purpose  of  considering  the  difficulties.  They 
soon  adjourned  to  Mount  Vernon.  While  there,  Wash- 
ington proposed  that  they  include  in  their  report  the 
recommendation  that  there  should  also  be  a  uniform 
system  of  duties  and  a  uniform  currency.  When  the 
report  was  under  consideration  by  the  Maryland  legis- 
lature, it  was  suggested  that  Pennsylvania  and  Delaware 
should  be  invited  to  send  commissioners  to  join  with 
those  from  Virginia  and  Maryland  every  second  year  in 
considering   their   commercial   relations.     In   January, 

1786,  the  Virginia  legislature  agreed  upon  the  resolu- 
tion prepared  by  Madison  to  the  effect  that  delegates 
be  appointed  from  all  thirteen  States  to  consider  the 
condition  of  the  trade  of  the  Confederation  and,  if  pos- 
sible, to  provide  for  some  uniform  system  for  the  regu- 
lation of  commerce.  It  was  agreed  that  the  meeting 
should  be  held  at  Annapolis,  September  11,  1786. 

There  were  present  at  Annapolis,  on  the  appointed 
day,  commissioners  from  Virginia,  Delaware,  Pennsyl- 
vania, New  Jersey,  and  New  York.  Commissioners  from 
some  of  the  other  States  were  on  their  way,  but  Mary- 

123 


124  The  Constitutional  Convention 

land,  Georgia,  South  Carolina,  and  Connecticut  had 
The  meet-  appointed  none.  Nothing  permanent  could  be  accom- 
Anifapoiis  pHshed  with  so  few  States  represented  ;  but  before  ad- 
resuits.  journing  they  agreed  to  a  resolution  framed  by  Alexander 
Hamilton  which  proposed  a  convention  to  be  composed 
of  commissioners  from  all  the  States  to  meet  at  Phila- 
delphia on  the  second  Monday  in  May,  1787,  for  the  pur- 
pose of  amending  the  Articles  of  Confederation.  Copies 
of  this  resolution  were  sent  to  all  of  the  States  and  also 
to  Congress.  Not  until  delegates  had  been  appointed 
by  six  States  did  Congress  practically  approve  of  the 
plan  by  recommending  to  the  States  a  convention  iden- 
tical with  the  one  already  provided  for  by  the  Annapolis 
resolution.  The  remaining  States,  Khode  Island  ex- 
cepted, soon  appointed  delegates. 

The  day  fixed  for  the  Convention  was  May  14th,  but 
not  until  May  25,  1787,  was  there  a  quorum  of  delegates 
The  Federal  from  seven  States  present  at  Philadelphia.  The  number 
1787.  '  of  delegates  to  be  sent  by  each  State  had  not  been  speci- 
fied ;  and  in  order  that  the  States  should  have  equal 
powers,  one  of  the  first  standing  rules  adopted  provided 
that  the  voting  should  be  by  States.  Sixty-five  dele- 
gates were  appointed  as  members  in  this,  one  of  the  most 
memorable  assemblies  the  world  has  ever  known,  but 
only  fifty-five  attended.  Twenty-nine  of  the  number  were 
university  men.  With  but  few  exceptions,  the  men  who 
had  been  particularly  prominent  in  the  days  of  the  Kevo- 
lution  were  present.  Among  them  were  Washington, 
who  was  unanimously  chosen  President  of  the  Conven- 
tion, and  Franklin,  whose  fame  as  diplomat  and  legisla- 
tor was  world-wide.  Neither  of  these  men  took  an 
active  part  in  the  debates,  but  their  presence  gave 
inspiration  to  the  others  and  they  had  untold  influence 
at  critical  times. 

On  May  22d,  while  some  of  the  delegates,  in  their  fears 


The  Constitutional  Convention  125 

of  displeasing  the  people,  were  recommending  half-way- 
measures,  Washington  gave  expression  to  that  sentiment 
which  was  to  dominate  in  the  future  debates  of  the  Con-  Delegates  in 
vention.  He  said  ;  "  It  is  too  probable  no  plan  we 
propose  will  be  adopted.  Perhaps  another  dreadful 
conflict  is  to  be  sustained.  If  to  please  the  people,  we 
offer  what  we  ourselves  disapprove,  how  can  we  after- 
wards defend  our  work  ?  Let  us  raise  a  standard  to 
which  the  wise  and  the  honest  can  repair ;  the  event  is 
in  the  hand  of  God."  Other  signers  of  the  Declaration 
of  Independence  present  besides  Franklin  were  Roger 
Sherman,  of  Connecticut ;  George  Read,  of  Delaware  ; 
Elbridge  Gerry,  of  Massachusetts  ;  Robert  Morris,  of 
Pennsylvania  ;  and  Chancellor  Wythe,  of  Virginia.  Vir- 
ginia also  sent  George  Mason,  Edmund  Randolph,  and 
James  Madison  ;  Massachusetts,  Caleb  Strong,  Nathaniel 
Gorham,  and  Rufus  King.  Delaware  sent  John  Dick- 
inson,* who  reported  the  Articles  of  Confederation  to 
Congress.  Pennsylvania,  James  Wilson,  the  great  jurist, 
and  Gouverneur  Morris,  *^  whose  correctness  of  lan- 
guage ''  led  him  to  be  selected  to  prepare  the  final  draft  of 
the  constitution  ;  and  Connecticut,  Oliver  Ellsworth, 
one  of  the  greatest  lawyers  of  the  day,  who  afterward 
became  Chief-Justice,  and  William  S.  Johnson,  who  be- 
came President  of  Columbia  College.  Among  the  other 
more  notable  members  were  Alexander  Hamilton,  of 
New  York ;  Governor  William  Patterson,  of  New 
Jersey ;  Luther  Martin,  of  Maryland;  and  the  two 
Pinckneys  and  John  Rutledge,  from  South  Carolina. 

John  Adams  and  Thomas  Jefferson  were  then  in  Eu-  Rotable 

men  not 

rope,  and  Samuel  Adams,  Patrick  Henry,  and  Richard  present 
Henry  Lee  disapproved  of  the  Convention. 

The  Convention  lasted  from  May  25  to  September  17,  1787.  The 
members  sat  behind  closed  doors,  and  the  charge  of  secrecy  with 
regard  to  the  proceedings  was  placed  on  them.     The  official  jour- 
♦  jQlm  Dickinson  removed  from  Pennsylvania  to  Delaware. 


126 


The  Constitutional  Convention 


Our  knowl- 
edge of  the 
Convention. 


Madison's 
Journal.  50. 


nal  was  entrusted  to  Washington,  who  deposited  it  in  the  public 
archives  in  1796.  It  was  published  in  1819  as  a  part  of  volume  one 
of  Elliot's  Debates.  "We  can  gather  little  from  the  journal  with  re- 
gard to  what  was  actually  said  by  the  members,  but  fortunately 
Mr.  Madison,  with  an  appreciation  of  the  consequences  of  the 
Convention,  decided  to  give  as  nearly  as  possible  an  exact  report 
of  the  proceedings.  He  wrote  :  "  Nor  was  I  unaware  of  the  value 
of  such  a  contribution  to  the  fund  of  materials  for  the  history  of  a 
Constitution  on  which  would  be  staked  the  happiness  of  a  people 
great  even  in  its  infancy,  and  possibly  the  cause  of  liberty  through- 
out the  world."  These  notes  were  purchased  by  the  government 
from  Mrs.  Madison  in  1837  for  $30,000,  and  published  for  the  first 
time  in  1839. 


Plans  and 
compro- 


The  Vir- 
ginia Plan. 


The  magnitude  of  the  labor  of  the  Constitutional  Con- 
vention can  be  understood  only  as  we  read  in  Madison's 
Journal  the  repprt  of  the  discussions.  The  actual  work 
of  the  Convention  was  begun  on  May  30th,  when  it  went 
into  committee  of  the  whole  for  the  purpose  of  consid- 
ering a  series  of  fifteen  resolutions  which  had  been  pre- 
sented the  day  before  by  Governor  Edmund  Kandolph, 
of  Virginia.  The  plan  of  government  set  forth  in  them, 
known  as  the  Virginia  Plan,  was  largely  the  work  of  Mr. 
Madison.  It  was  considered  until  June  13th,  and  after 
certain  amendments  had  been  adopted  was  reported 
back  favorably  to  the  Convention.  Among  the  most  im- 
portant measures  finally  submitted  were  provisions  that 
a  National  government  should  be  formed  possessing 
supreme  legislative,  executive,  and  judicial  powers ; 
that  the  legislative  power  should  be  vested  in  a  Con- 
gress of  two  separate  houses — a  House  of  Delegates 
to  be  chosen  by  the  people  of  the  States,  and  a  Senate 
to  be  elected  by  the  House  of  Delegates ;  that  the 
representation  in  both  houses  should  be  based  on 
population  or  on  contributions  to  the  support  of  the 
government ;  and  that  the  executive  should  be  chosen 
by  both  houses  of  Congress,  and  the  judiciary  by  the 


The  Constitutional  Convention  127 

Senate.  This  scheme  had  been  fiercely  attacked  in 
the  committee  by  the  delegates  from  the  smaller  States, 
who  desired  to  maintain  equality  of  State  represen- 
tation. It  was  clear  that  if  the  plan  proposed  were 
adopted  the  government  would  pass  into  the  hands  of 
the  large  States. 

Frustrated  in  their  desires,  the  small  States  agreed 
upon  a  series  of  eleven  resolutions,  known  as  the 
New  Jersey  Plan,  which  were  presented  by  Mr.  Patter-   The  New 

JcrsGv 

son  of  that  State  on  June  15th.  They  provided  for  a  pian. 
continuance  of  the  government  under  the  Articles  of 
Confederation,  which  were  to  be  revised  in  such  a  man- 
ner as  to  give  to  Congress  the  power  to  regulate  com- 
merce, to  raise  revenue,  and  to  coerce  the  States.  This 
plan  had  been  agreed  upon  among  the  members  from 
Connecticut,  New  York,  New  Jersey,  Delaware,  and 
Luther  Martin,  of  Maryland.  The  New  Hampshire 
delegates  had  not  yet  arrived.  Connecticut  and  New 
York  were  against  a  departure  from  the  principle  of 
confederation,  wishing  rather  to  add  a  few  new  powers 
to  Congress  than  to  substitute  a  National  govern- 
ment. "New  Jersey  and  Delaware  were  opposed  to  Madison 
a  National  government  because  its  patrons  considered  ses. 
a  proportional  representation  of  the  States  as  the  basis 
for  it." 

On  the  same  day  that  Governor  Randolph  presented  the  Virginia 
Plan,  Charles  Pinckney,  of  South  Carolina,  presented  a  series  of    The 
resolutions  founded  on  similar  principles.     They  were  referred  for   res^mSs 
debate  at  the  same  time  as  those  of  Mr.   Randolph,  but  received 
little  attention. 

On  June  18,  in  the  midst  of  the  crisis  as  to  whether  a  national 
or  a  federal  government  should  be  established,  Mr.  Hamilton  made    Hamilton's 
his   celebrated  speech   in  opposition  to   both  plans.      Sometimes    ^^®^^- 
wrongly  called  Hamilton's  Plan,  it  was  probably  intended  only  to 
give  a  more  correct  view  of  his  ideas  and  to  outline  the  amendments 
he  proposed  to  offer  at  suitable  times  in  the  discussion. 


128  The  Constitutional  Convention 

For  three  days  the  contest  waxed  hot  over  the 
merits  and  defects  of  these  plans.  It  was  asserted 
The  Vir-  by  those  who  opposed  the  Virginia  Plan  that  it  would 
NewVer'sey^  destroy  the  sovereignty  of  the  States.  They  believed 
also  that  they  did  not  possess  the  power  to  create  such 
a  government.  Said  Mr.  Patterson  :  "I  came  here  not 
to  speak  my  own  sentiments  but  the  sentiments'  of 
those  who  sent  me.  Our  object  is  not  such  a  govern- 
ment as  may  be  best  in  itself,  but  such  a  one  as  our  con- 
stituents have  authorized  us  to  prepare  and  as  they  will 
approve."  To  this  sentiment  Mr.  Randolph  replied : 
"  When  the  salvation  of  the  Republic  is  at  stake,  it 
would  be  treason  not  to  propose  what  we  find  neces- 
sary." Finally  the  arguments  of  Madison,  Wilson,  and 
King  triumphed  and  the  Virginia  Plan  was  again  com- 
mended to  the  Convention.  The  debates  became  even 
more  heated  than  before,  as  resolution  after  resolution 
was  taken  up.  The  critical  time  came  when  the  clause 
which  provided  for  proportional  representation  was 
reached.  Mr.  Luther  Martin  contended  with  great 
vehemence,  "  That  the  States,  being  equal,  cannot  treat 
or  confederate  so  as  to  give  up  an  equality  of  votes 
without  giving  up  their  liberty  ;  that  the  propositions 
on  the  table  are  a  system  of  slavery  for  ten  States  ; 
that  as  Virginia,  Massachusetts,  and  Pennsylvania  have 
forty-two  ninetieths  of  the  votes,  they  can  do  as  they 
please,  without  a  miraculous  union  of  the  other  ten." 
Others  claimed  they  would  rather  submit  to  a  foreign 
power  than  be  deprived  of  equality  of  suffrage  in  both 
branches  of  the  legislature.  The  Convention  was  on 
the  verge  of  dissolution  when  Mr.  Johnson,  of  Con- 
TheCon-  necticut,  brought  forward  a  compromise  based  on  the 
compio-  different  methods  by  which  members  of  the  two  houses 
^^^^'  were   chosen   in  that   State.      This  provided  that   the 

House  of  Representatives  should  be  composed  of  mem- 


The  Constitutional  Convention  129 

bers  elected  on  the  basis  of  population,  while,  in  the 
Senate,  large  and  small  States  were  to  be  equally  repre- 
sented. Finally,  after  eleven  more  days  of  discussion, 
this,  the  first  great  compromise,  was  adopted. 

The  adoption  of  the  compromise  was  virtually  a 
victory  for  the  Virginia  Plan.  When  the  smaller 
States  were  given  an  equal  vote  in  the  Senate,  they 
no  longer  feared  that  they  would  be  absorbed,  so  they 
united  with  the  larger  States  in  giving  yet  greater 
powers  to  the  general  government. 

Connecticut,  New  Jersey,  Delaware,  Maryland,  and  Votes  on 
North  Carolina  voted  for  the  compromise.  Pennsjd-  promise, 
vania,  Virginia,  South  Carolina,  and  Georgia  were  op- 
posed. The  vote  of  Massachusetts  was  divided  and 
lost.  Yates  and  Lansing  of  New  York  left  the  Con- 
vention the  day  the  compromise  was  favorably  re- 
ported by  the  committee  of  detail,  and  Hamilton  also 
went  home  for  a  short  time. 

How  the  number  of  Kepresentatives  was  to  be  deter- 
mined was  another  serious  problem.  It  was  agreed 
that  all  free  persons  should  be  counted.  There  was 
little  objection  offered  to  counting  those  persons  bound  The  Becond, 
to  service  for  a  term  of  years  and  to  the  excluding  fifths  com- 
of  Indians  not  taxed.  The  chief  debate  arose  over  the 
question  whether  the  slaves  should  be  included  in  the 
enumeration.  The  South  Carolina  delegates  main- 
tained that  slaves  were  a  part  of  the  population,  and 
as  such  should  be  counted.  Objections  were  made 
that  slaves  were  not  represented  in  the  legislatures  of 
that  and  other  States,  and,  in  consequence,  ought  not 
to  be  represented  in  the  National  legislature  ;  also,  that 
they  were  regarded  in  those  States  merely  as  property, 
and  as  such  should  not  be  represented.  There  was 
grave  danger  that  the  work  of  the  Convention  would 
fail  at  this  point.     Finally,  Mr,  Wilson  brought  for- 


130  TJie  Constitutional  Convention 

ward  a  compromise  to  the  effect  that  slaves  were  to  be 
represented  as  "other  persons,"  five  of  whom  should  be 
equal  to  three  free  persons.  Another  clause  was  in- 
serted for  the  purpose  of  reconciling  the  non-slave- 
holding  States  to  this  provision :  that  "  direct  taxes 
should  be  apportioned  in  the  same  manner  as  Repre- 
sentatives." 

The  third  great  compromise  grew  out  of  the  question 
of  the  foreign  slave  trade.  South  Carolina  and  Georgia 
were  anxious  that  this  should  be  continued.  This 
was  opposed  by  the  Northern  States  and  by  some  of  the 
The  third  Southern.  On  the  other  hand,  New  England  members 
misS'^^  especially,  because  of  their  interest  in  commerce,  feared 
the  results  which  would  ensue  if  each  State  was  allowed 
to  be  independent  in  commercial  matters.  They  wanted 
the  general  government  to  have  complete  control  of 
commerce.  But  this  was  resisted  by  some  of  the 
Southern  delegates,  who  thought  that,  by  some  act  of 
legislation,  the  trade  in  slaves  might  be  prohibited. 
Finally  a  compromise  was  agreed  upon  which  gave  Con- 
gress power  over  commerce  but  forbade  any  act  which 
might  prohibit  the  importation  of  slaves  prior  to  1808. 
It  was  also  agreed  that  a  tax  of  ten  dollars  each  might 
be  laid  on  all  slaves  imported. 

While  the  Constitution  may  be  said  to  be  made  up  of  a 
Influence  of  Series  of  compromises,  these  three  settled,  for  the  time,  the 
mfse^s?"^^'^"  questions  which  were  most  vital,  and  rendered  the  further 
work  of  the  Convention  possible.  It  has  been  sometimes 
asserted  that  there  should  have  been  no  half-way  meas- 
ures on  slavery ;  that  had  the  question  of  slavery  been 
settled  at  that  time  there  need  not  have  been  a  Civil 
War.  But,  as  already  noted,  without  compromises  the 
work  of  the  Convention  must  have  failed,  and  politi- 
cal anarchy  would  have  been  inevitable,  the  results  of 
\vhich  would  have  been  even  more  disastrous  than  the 


The  Constitutional  Convention  131 

effects  of  that  terrible  period  of  warfare  between  1861 
and  1865. 

On  September  10th,  a  draft  of  the  Constitution  was 
submitted  to  a  committee  of  five  for  revision.     The  ques-   A  second 
tion  arose  as  to  the  advisability  of  calling  another  conven-  proposed, 
tion,  but  this  received  the  negative  vote  of  every  State. 

The  final  draft  of  the  Constitution,  prepared  by  Gouv- 
erneur  Morris,  was   then   submitted   to   the   delegates 
for  their  signatures.     Thirty-nine  members,  represent-  signers  of 
ing  twelve  States,  affixed  their  names  to  the  document,   tution. 
and   on   September  17th,  the  Convention  adjourned.  * 
While  the  last  signatures  were  being  written,  Franklin 
said  to  those  standing  near  him  as  he  called  attention  to 
a  sun  blazoned  on  the  back  of  the  President's  chair :  "  I 
have,  often  and  often,  in  the  course  of  the  session,  and  Madison's 
the  vicissitudes  of   my  hopes  and  fears  as  to  its  issue,   763. 
looked  at  that  behind  the  President,  without  being  able 
to  tell  whether  it  was  rising  or  setting  ;    but  now,  at 
length,  I  have  the  happiness  to  know  that  it  is  a  rising 
and  not  a  setting  sun." 

The  Constitution  was  first  submitted  to  Congress 
September  20th,  and  the  following  day  it  became  known 
to  the  people  through  the  New  York  daily  papers.  For  Uatmcatioq 
eight  days  the  document  was  attacked  by  its  opponents  constitu- 
in  Congress,  but  finally  it  was  transmitted  to  the  State 
legislatures  to  be  sent  by  them  to  State  conventions 
chosen  by  the  people.  This  process  of  ratification  was 
provided  for  by  Article  VII  of  the  Constitution,  as 
follows : 

The  ratification  of  the  conventions  of  nine  States  shall  he  Article  vii. 
sufficient  for  the  establishment  of  this  Constitution  between 
the  States  so  ratifying  the  same. 

The   period  included  between   September  28,  1787, 
when  Congress  unanimously  resolved  to  transmit  th^ 

*  See  Appendix  A« 


r32  The  Constitutional  Convention 

Constitution  to  the  State   legislatures,   and   June   21, 
1788,  the  date  when  it  had  been  ratified  by  the  neces- 
sary nine  States,*  was  one  of  the  most  critical  in  our 
Arguments   history.      Everywhere   the   Constitution   was   violently 
against  the   attacked.     Political  parties   in   a  truly  national   sense 
tion.  were  formed  for  the  first  time.     Those  who  supported 

the  Constitution  called  themselves  Federalists,  and  those 
opposed  anti-Federalists.  In  general,  the  opponents  of 
the  Constitution  desired  more  extensive  powers  for  the 
States  and  were  to  be  found  largely  among  the  rural 
population  and  debtor  classes.  Its  advocates  were  the 
men  of  wealth  and  the  inhabitants  of  the  manufactur- 
ing and  commercial  centres.  Among  the  leaders  who 
ably  defended  the  views  of  the  opposition  were  Rich- 
ard Henry  Lee,  Elbridge  Gerry,  George  Clinton,  and 
Patrick  Henry.  It  was  urged  that  the  President  would 
become  a  despot,  the  House  of  Representatives  a  corpo- 
rate tyrant,  and  the  Senate  an  oligarchy  ;  that  equaUty 
of  representation  in  the  Senate  was  an  injustice  to  the 
large  States ;  and  that  there  was  no  Bill  of  Rights. 
The  views  of  the  Federalists  are  well  presented  in  a  let- 
ter written  by  Washington,  on  his  return  from  the  Con- 
vention, to  Patrick  Henry,  in  which  he  says  :  "  I  wish  the 
Constitution  which  is  offered  had  been  more  perfect ;  but 
it  is  the  best  that  could  be  obtained  at  this  time,  and  a 
door  is  open  for  amendments  hereafter.  The  political 
concerns  of  this  country  are  suspended  by  a  thread. 
The  Convention  has  been  looked  up  to  by  the  reflecting 
part  of  the  community  with  a  solicitude  which  is  hardly 
to  be  conceived,  and  if  nothing  had  been  agreed  on  by 
that  body,  anarchy  would  soon  have  ensued,  the  seeds 
being  deeply  sown  in  every  soil." 

Political  letters,  tracts,  and  pamphlets  were  common. 
The  most  noted  articles  in  opposition  were  the  "  Letters 
from  the  Federal  Farmer,"  prepared  for  the  press  of  the 

*  The  State  legislatures  submitted  the  constitution  to  State  Conventions. 


The  Constitutional  Convention  133 

country  by  Kichard  Henry  Lee.  No  influence  was 
more  noteworthy  in  bringing  about  ratification  than 
the  series  of  political  essays  afterward  collected  under 
the  name  of  "The  Federalist."  They  present  the  cause  The 
with  such  logic  that  to-day  they  are  considered  the  best 
commentary  on  the  Constitution  ever  written.  Alex- 
ander Hamilton  inaugurated  the  plan  and  wrote  51  of 
the  85  numbers.  James  Madison  wrote  29  and  John 
Jay  5. 

December  6,  1787,  the  ratification  of  the  Constitution 
was  secured  in  Delaware,  the  first  State,  without  a  dis- 
senting vote,  and  Pennsylvania,  New  Jersey,  Georgia,  TheCqnsti- 
and  Connecticut  quickly  followed.  Much  depended  on  the  state 
the  action  of  the  Massachusetts  convention.  After  pro-  tions. 
longed  debate  the  delegates  were  induced  to  accept  the 
proposition  that  amendments  might  be  made  which 
would  take  the  place  of  a  Bill  of  Rights,  and  adopted 
the  Constitution  by  a  vote  of  187  to  168.  The  ratifica- 
tion of  Maryland  and  South  Carolina  soon  followed,  and 
the  ninth  State  was  secured  by  the  ratification  of  New 
Hampshire,  June  21, 1788.  Virginia  ratified,  June  25th, 
with  a  vote  of  89  in  favor  and  79  opposed,  and  New 
York,  July  26th,  with  30  affirmative  votes  and  27  nega- 
tive. It  was  not  until  November  21,  1789,  that  North 
Carolina  voted  to  accept  the  Constitution,  while  Rhode 
Island  held  out  until  May  29,  1790. 

When   the   ratification  of  the  ninth  State  had  been 
secured.    Congress   appointed   a   special   committee  to 
frame  an  act  for  putting  the  Constitution  into  operation.   The  new 
It   was  enacted   that  the  first  Wednesday  in  January  put  into 
should  be  the  day  for  appointing  electors  ;  that  the  elec-   ^"^^^  ^^^' 
tors  should  cast  their  votes  for  President  on  the  first 
Wednesday  in  February,  and  that  on  the  first  Wednes- 
day of  March  the  new  government  should  go  into  opera- 
tion.    It  was   not   until  April  1st  that  a  quorum  was 


134  The  Constitutional  Convention 

secured  in  tlie  House  of  Representatives,  and  in  the 
Senate  not  until  April  6th.  The  electoral  votes  *  were 
counted  in  the  presence  of  the  two  houses  on  April  6th. 
The  inauguration  of  President  Washington  did  not  take 
place,  however,  until  April  30th. 

Having  considered  some  of  the  problems  of  the  Con- 
vention and  those  connected  vdth  the  adoption  of  the 
Constitution,  Tve  next  inquire  as  to  the  origin  of  this 
epoch-making  document.  The  often-quoted  words  of 
Mr.  Gladstone,  which  have  no  doubt  been  misinterpreted, 
have  been  used  to  strengthen  the  view  that  the  Constitu- 
Originof  tion  was  the  creation  of  the  Convention.  He  said  :  "As 
tution.^  the  British  Constitution  is  the  most  subtle  organism 
which  has  proceeded  from  progressive  history,  so  the 
American  Constitution  is  the  most  wonderful  work  ever 
struck  off  at  a  given  time  by  the  brain  and  purpose  of 
man."  Was  our  Constitution  largely  a  "  version  of  the 
English  Constitution,"  as  Sir  Henry  Maine  called  it  ?  An 
analysis  of  the  Constitution  shows  that  there  are  some 
provisions  which  are  new  and  that  English  precedent 
has  had  an  influence,  but  that  the  main  features  were 
derived  from  the  constitutions  of  the  States.  Many  of 
the  delegates  of  the  Constitutional  Convention  had 
helped  to  frame  these  State  constitutions,  and  all  were 
famiUar  with  their  practical  workings.  Thus,  the  Con- 
vention was  "led  astray  by  no  theories  of  what  might 
be  good,  but  clave  closely  to  what  experience  had  dem- 
onstrated to  be  good."  f  The  following  familiar  state- 
ment is  an  excellent  summary :  "  Nearly  every  provision 
of  the  Federal  Constitution  that  has  worked  well  is  one 
borrowed  from  or  suggested  by  some  State  constitu- 
tion ;  nearly  every  provision  that  has  worked  badly  is 

*  New  York  did  not  choose  electors,  and  North  Carolina  and  Rhode 
Island  had  not  ratified  the  Constitution, 
t  James  Russell  Lowell,  address  of  April  13,  1888. 


The  Constitutional  Convention 


135 


one  which  the  Convention,  for  want  of  a  precedent,  was 
obliged  to  devise  for  itself.'* 


With  the  exceptions  of  the  constitutions  of  Pennsylvania  and  of 
Georgia,  all  of  the  State  constitutions,  in  1787,  provided  for  legis- 
latures of  two  houses.  The  term  "  Senate  "  was  used  to  designate  the 
upper  house  in  Maryland,  Massachusetts,  New  York,  North  Caro- 
lina, New  Hampshire,  South  Carolina,  and  Virginia;  and  "  House 
of  Representatives  "  was  commonly  used  for  the  lower  house.  The 
constitution  of  Delaware  provided  for  the  election  of  one-third  of 
the  senators  every  two  years,  and  the  New  York  constitution  made 
provision  for  taking  a  census  once  in  seven  years  for  the  purpose  of 
apportioning  the  Representatives.  As  already  noted,  Connecticut 
furnished  the  example  for  equal  representation  of  the  States  in  the 
Senate  and  for  proportional  representation  in  the  House  of  Repre- 
sentatives. In  nearly  all  of  the  State  constitutions,  each  House 
was  given  the  power  to  decide  the  election  of  its  members,  make 
rules,  publish  a  journal,  and  adjourn  from  day  to  day.  "  All  bills  for 
raising  revenue  must  originate  in  the  House  "  is  found  almost  word 
for  word  in  the  Massachusetts  and  New  Hampshire  constitutions. 
The  powers  of  President  and  Vice-President  resemble  closely  those 
granted  the  governor  and  lieutenant-governor.  Other  important 
provisions  were,  no  doubt,  derived  from  the  State  constitutions, 
such  as  the  process  of  impeachment,  the  veto  power,  the  first  ten 
amendments,  and  the  President's  message. 

Professor  Alexander  Johnston,  in  the  article  the  substance  of 
M'hich  has  just  been  given,  states  that  while  a  judicial  system 
existed  as  a  part  of  the  State  governments,  the  "  great  achievement 
of  the  Convention  was  the  erection  of  the  judiciary  into  a  position 
as  a  co-ordinate  branch  of  the  government. "  He  says  also  that 
'^  the  process  of  electing  the  President  is  almost  the  only  feature 
not  a  natural  growth." 


Influence  of 
the  State 
constitu- 
tions. 

New  Prince- 
ton Review, 
IV,  175. 


New 
features 
of  the 
Constitu- 
tion. 


It  was  evidently  the  intention  of  the  framers  of  the 
Constitution  to  found  a  government  deriving  its  author- 
ity from  the  people  rather  than  from  the  States.  The 
purposes  for  which  this  was  done  are  set  forth  in  the  fol- 
lowing enacting  clause,  commonly  called  the  preamble  : 

"  We,  the  people  of  the  United  States,  in  order  to  form  The 
a  more  perfect  union,  establish  justice,  insure  domestic 


Authority 
and  pur- 
poses of  the 
Constitu- 
tion. 


preamble. 


136  The  Constitutional  Convention 

tranquillity,  provide  for  the  common  defense,  promote  the 
general  welfare,  and  secure  the  blessings  of  liberty  to  our- 
selves and  our  posterity,  do  ordain  and  establish  this  Consti- 
tution for  the  United  States  of  America" 

This  clause  was  attacked  vigorously  by  the  opponents 
of  the  Constitution,  and  especially  in  the  Virginia  and 
the  North  Carolina  conventions.  Said  Patrick  Henry  : 
"  And  here  I  would  make  this  inquiry  of  those  worthy 
characters  who  composed  a  part  of  the  late  Federal  Con- 
vention. ...  I  have  the  highest  veneration  for  those 
gentlemen  ;  but  sir,  give  me  leave  to  demand,  what  right 
had  they  to  say  We  the  people  ?  .  .  .  Who  author- 
ized them  to  speak  the  language  of,  We  the  people,  in- 
stead of.  We  the  States  ?  If  the  States  be  not  the 
agents  of  this  compact,  it  must  be  one  great,  consoli- 
dated. National  government,  of  the  people  of  all  the 
States."  It  was  argued,  on  the  other  hand,  by  Kan- 
dolph,  Madison,  and  others,  that  the  government  under 
the  Articles  of  Confederation  was  a  failure  and  that  the 
only  safe  course  to  pursue  was  to  have  a  government 
emanating  from  the  people  instead  of  from  the  States, 
if  the  union  of  the  States  and  the  preservation  of  the 
liberties  of  the  people  were  to  be  preserved. 


Supplementary  Questions  and  References. 

1.  Why  was  Annapolis  selected  as  the  place  of  meeting 
Madison,  Journal  of  the  Constitutional  Convention,  37. 

2.  For  an  account  of  Hamilton's  resolution  and  its  origin, 
see  Madison's  Journal,  37-41. 

3.  Was  the  calling  of  a  convention  to  remodel  the  articles 
a  new  idea?    Madison's  Journal,  43-45. 

4.  Why  did  Congress,  at  first,  object  to  the  Hamilton 
resolution?  Fiske,  Critical  Period  of  American  History, 
317;  Bancroft,  History  of  the  United  States,  VI,  196. 


The  Constitutional  Convention  137 

5.  What  events  led  Congress  to  change  its  views  ?  Madi- 
son's Journal,  45-48  ;  Fiske,  Critical  Period,  218-222  ; 
Schouler,  History  of  the  United  States,  I,  34-39  ;  Bancroft, 
History  of  the  United  States,  VI,  199-200. 

6.  State  the  problems  connected  with  the  appointment 
of  delegates  in  some  of  the  States.  McMaster,  History  of 
the  People  of  the  United  States,  I,  390-399. 

7.  a.  For  an  account  of  the  members  of  the  Convention, 

see  Hart,  American  History  told  by  Contempo- 
raries, III,  205-211. 
&.  For  the  contributions  of  the  individuals  and  the 
classes  of  delegates,  see  Walker,  The  Making  of 
the  Nation,  23-27  ;  Fiske,  Critical  Period,  224- 
229 ;  McMaster,  I,  418-423. 

8.  Why  did  not  Hamilton  take  a  prominent  part  in  the 
debate  before  June  18th  ?  Give  the  chief  points  in  his  ad- 
dress of  that  date.     Madison's  Journal,  175-187. 

9.  What  were  the  significant  points  made  by  Madison  in 
his  speech  of  June  19th?    Madison's  Journal,  187-196. 

10.  Why  did  the  New  York  delegates  leave  the  Con- 
vention ?  Bancroft,  VI,  259-260 ;  Fiske,  Critical  Period, 
254. 

11.  What  was  the  attitude  of  the  various  members  of 
the  Convention  toward  the  Constitution?  Who  refused 
to  sign  ?    Their  reasons  ?    Bancroft,  VI,  364-367. 

12.  Discuss  the  peculiar  conditions  in  Massachusetts. 
Give  the  arguments  presented.  Bancroft,  VI,  395  ;  Schou- 
ler, I,  59,60 ;  Walker,  56-57  ;  Fiske,  Critical  Period,  316- 
331. 

13.  How  was  the  Constitution  regarded  in  Virginia? 
Bancroft,  VI,  426-436 ;  Walker,  58,  60  ;  Schouler,  I,  70-75  ; 
Fiske,  Critical  Period,  334-338. 

14.  In  what  way  did  Virginia  influence  New  York  ? 
What  was  the  attitude  of  the  New  York  Convention  tow- 
ard the  Constitution?  Bancroft,  VI,  455-460  ;  Walker,  60, 
61  ;  Schouler,  I,  66,  67  ;   Fiske,  Critical  Period,  340-345. 

15.  a.  What  objections  were  offered  against  the  Consti- 

tution in   North   Carolina?      Hart,    American 
History  told  by  Contemporaries,  III,  251-254. 


138  The  Constitutional  Convention 

h.  What  would  have  been  the  status  of  North  Caro- 
lina and  of  Rhode  Island  if  they  had  not  rati- 
fied ?    Walker,  73,  74  ;  Hart,  Formation  of  the 
Union,  132,  133. 
16.  For  a  good  account  of  the  first  Presidential  election 
and  the  inauguration  of  the  new  government,  see  Fiske, 
Critical  Period,  346-350  ;  Schouler,  I,  74-86. 


CHAPTER  XIV 

ORGANIZATION    OF    THE    LEGISLATIVE  DEPARTMENT 


All  legislative  powers  herein  granted  shall  be  vested  in  a  Article  i, 

section  1. 

Congress  of  the  United  States  which  shall  consist  of  a  Sen- 
ate and  House  of  Representatives. 

In  the  Constitutional  Convention  Pennsylvania  was 
the  only  State  which  objected  to  the  resolution  that  a 
legislative  body  consisting  of  two  houses  should  be  Acongreps 
formed.  The  single  house  of  the  Confederation  was  re-  houses, 
garded  as  a  failure.  It  was  believed  that  one  house 
would  form  a  check  upon  the  other,  and  that  there 
would  thus  be  less  danger  of  hasty  and  oppressive 
legislation.  As  already  noted,  the  bi-cameral  system 
existed  in  all  of  the  States,  Pennsylvania  and  Georgia 
excepted,  and  the  names  Senate  and  House  of  Repre- 
sentatives were  also  in  common  usage. 

It  is  somewhat  difficult  for  Americans  to  remember  that  mem- 
bers of  Congress,  although  elected  by  the  people  or  by  the   State 
legislatures,    are  not,  in   consequence,  compelled   to   receive  in-   Besponsi- 
structions  from  their  constituents.     Each  member  is  supposed  to    members  oi 
use  his  own  best  judgment  on  any  question,  and,  like  a  member  of   Congress, 
the  English  House  of  Commons,  ask  :  "What  is  for  the  good  of 
the  Nation  ?  "    Personal  views  are  frequently  sacrificed,  however, 
for  party  interests. 

Judge  Cooley  says  on  this  question  : 

"  Their  own  immediate  constituents  have  no  more  right  than  the 
rest  of  the  Nation  to  address  them  through  the  press,  to  appeal  to 
them  by  petition,  or  to  have  their  local  interests  considered  by 
them  in  legislation.     They  bring  with  them   their  knowledge   of 

139 


140     Organization  of  the  Legislative  Be'partment 

local  wants,  sentiments,  and  opinions,  and  may  enlighten  Congress 
respecting  these  and  thereby  aid  all  members  to  act  wisely  in  mat- 
ters which  affect  the  whole  country  ;  but  the  moral  obligation  to 
consider  the  interest  of  one  part  of  the  country  as  much  as  that  of 
another,  and  to  legislate  with  a  view  to  the  best  interests  of  all,  is 
obligatory  upon  every  member,  and  no  one  can  be  relieved  from 
this  obligation  by  instructions  from  any  source."  * 


Section  2, 
clause  1. 
Term  of 
members 
and  quali- 
fications o 
electors. 


A  Con- 


Representa- 
tives elected 
by  the 
people. 


The  House  of  Representatives  shall  he  composed  of  mem- 
bers chosen  every  second  year  by  the  people  of  the  several 
States,  and  the  electors  in  each  State  shall  have  the  qualifi- 
cations requisite  for  electors  of  the  most  numerous  branch 
of  the  State  Legislature. 

Members  of  the  House  of  Kepresentatives  are  chosen 
for  a  term  of  two  years,  which  period  also  determines 
the  length  of  a  Congress.  This  election  is  held,  in  all 
but  three  of  the  States,  f  on  the  Tuesday  after  the  first 
Monday  in  November  of  even-numbered  years,  and  the 
term  begins  legally  on  March  4th  succeeding  the  time  of 
the  election.];  Except  in  the  case  of  a  special  session,  the 
term  does  not  really  begin  until  the  first  Monday  of  the 
following  December,  thirteen  months  after  the  election. 

"When  the  Constitution  was  framed,  some  of  the  State 
constitutions  required  a  higher  qualification  in  voters 
for  the  upper  house  of  their  legislatures  than  in  voters 
for  the  lower  house.  With  the  object  of  making  the 
House  of  Representatives  the  more  popular  branch,  it 
was  decided  to  grant  the  right  of  voting  for  a  Repre- 
sentative to  any  person  who  might  be  privileged  to 
vote  for  a  member  of  the  lower  house  of  the  legislat- 
ure of  his  State.     The  one  limitation  upon  the  freedom 

*  Cooley,  Principles  of  Constitutional  Law,  41,  42. 

t  Oregon  holds  its  election  on  the  first  Monday  in  June  ;  Vermont  on 
the  first  Tuesday  in  September ;  and  Maine  on  the  second  Monday  in 
September. 

X  The  first  Congress  extended  legally  from  March  4, 1789,  to  March  4, 
1791. 


tives. 


Organization  of  the  Legislative  Department     141 

of  a  State  to  determine  what  these  qualifications  are, 
is  given  in  Amendment  XV  : 

The  right  of  citizens  of  the  United  States  to  vote  shall  not  Amendment 
be  denied  or  abridged  by  the   United  States  or   by  any 
State  on  account   of  race,  color,  or  previous  condition  of 
servitude. 

This  amendment  was  proposed  by  Congress  in  Feb- 
ruary, 1869,  and  was  declared  in  force  March  30,  1870. 
It  was  intended  to  grant  more  complete  political  rights 
to  the  negroes  recently  declared,  by  Amendment  XIV, 
to  be  citizens. 

No  person  shall  be  a  Bepresentative  who  shall  not  have  section  2, 
attained  to  the  age  of  twenty-five  years,  and  been  seven  Quaiifica- 
years  a  citizen  of  the  United  States,  and  who  shall  not  Representa- 
when  elected  be  an  inhabitant  of  that  State  in  which  he 
shall  be  chosen. 

A  great  diversity  of  qualifications  for  members  of 
the  State  legislatures  existed  in  the  various  State  con- 
stitutions. With  such  differences  of  opinion,  it  was 
agreed  to  make  the  positive  qualifications  for  members 
of  the  National  legislature  few  and  simple.  They  pertain 
to  age,  citizenship,  and  inhabitancy,  and  the  opinion 
prevails  that  the  States  may  not  add  others.  It  has 
been  the  belief  in  the  United  States  that  an  inhabitant 
of  a  State  has  a  deeper  concern  for  the  interests  and 
represents  the  people  of  his  State  more  completely 
than  a  stranger.  Hence,  a  Representative  is  not  only 
required  to  be  an  inhabitant  of  the  State,  but  custom 
has  decreed  that  he  must  also  be  an  actual  resident  of 
the  district  which  he  represents. 

May  the  House  refuse  to  admit  a  person  duly  elected  and  pos- 
sessing the  constitutional  qualifications  ?     This  question  arose  in 
the  56th  Congress  in  the  case  of  Brigham  Roberts,  of  Utah.     As  . 
the  evidence  seemed  to  indicate  that  he  was  living  in  polygamy, 
thus  violating  State  and  National  law,  he  was  excluded. 


142     Organization  of  the  Legislative  Department 


Apportion- 
ment of 
Representa- 
tives. 


Amend- 
ment XIV, 
Section  2. 


Section  2,  Amendment  XIV,  which  became  a  part  of 
the  Constitution  July  28,  1868,  contains  the  rule  of 
apportionment  which  is  now  in  operation. 

It  declares  that : 

Eepresentatives  shall  be  apportioned  among  the  several 
States  according  to  their  respective  numbers,  counting  the 
whole  number  of  persons  in  each  State,  excluding  Indians 
not  taxed.  But  when  the  right  to  vote  at  any  election  for 
the  choice  of  electors  for  President  and  Vice-President  of 
the  United  States,  Eepresentatives  in  Congress,  the  executive 
and  judicial  officers  of  a  State,  or  the  members  of  the 
Legislature  thereof,  is  denied  to  any  of  the  male  inhabitants 
of  such  State,  being  twenty-one  years  of  age,  and  citizens 
of  the  United  States,  or  in  any  way  abridged,  except  for 
participation  in  rebellion  or  other  crime,  the  basis  of  repre- 
sentation therein  shall  be  reduced  in  the  proportion  which 
the  number  of  such  male  citizens  shall  bear  to  the  whole 
number  of  male  citizens  twenty-one  years  of  age  in  such 
State. 

When  the  amendment  was  proposed,  the  negroes  had 
been  granted  the  right  of  suffrage  in  only  a  few  States, 
and  Congress  believed  that  rather  than  have  the  number 
of  their  Representatives  reduced  the  other  States  would 
also  be  willing  to  grant  them  complete  political  rights. 
Tennessee  was  the  only  Southern  State  which  ratified 
the  amendment,  but  since  Amendment  XV  became  a 
part  of  the  Constitution  before  the  next  apportionment 
of  Representatives  was  made,  this  section  was  not  put 
into  practical  operation.  Each  State  may  still  deter- 
mine for  itself  who  has  the  right  to  vote  within  its 
limits.*  Some  of  the  States  require  a  property  qualifi- 
cation, and  others,  as  Connecticut,  Massachusetts,  North 
Carolina,  and  Mississippi,  require  an  educational  qualifi- 
cation for  voters,     In  Louisiana  and  South  Carolina  the 

*  See  p.  48, 


Organization  of  the  Legislative  Department     143 

voter  must  either  be  able  to  read  and  write  or  possess 
property  valued  at  three  hundred  dollars.  It  is  claimed 
that  the  object  in  making  these  recent  amendments  to 
the  constitutions  of  some  of  the  States  has  been  to 
curtail  the  negro  vote  rather  than  to  exclude  all 
illiterate  voters.  Thus,  the  North  Carolina  and  Louis- 
iana constitutions  provide  that  "no  male  person  who 
was,  on  January  1,  1867,  or  at  any  time  prior  thereto, 
entitled  to  vote  under  the  laws  of  any  State  in  the 
United  States  wherein  he  then  resided,  and  no  lineal 
descendant  of  any  such  person,  shall  be  denied  the  right 
to  register  and  vote  at  any  election  in  this  State  by 
reason  of  his  failure  to  possess  the  educational  qualifi- 
cations prescribed."  It  is  estimated  that  some  500,000 
negroes  will  be  disfranchised  by  these  and  similar  con- 
stitutional amendments,  and  the  question  has  arisen, 
should  not  section  2  of  Amendment  XIV  be  en- 
forced ? 

The  original  method  of  apportionment  was  as  follows  :  Article  i, 
Bepresentatives    and  direct   taxes  shall   he   apportioned  clauses.' 
among  the  several  States  tvhich  may  he  included  within  this  meSod  of 
Union  J  according  to  their  respective  numbers,  which  shall  ment!  ^^^ 
he  determined  by  adding  to  the  whole  number  of  free  per- 
sons, including  those  bound  to  service  for  a  term  of  years, 
and  excluding  Indians  not  taxed,  three-fifths  of  all  other  per- 
sons.    The  actual  enumeration  shall  be  made  within  three 
years  after  the  first  meeting  of  the  Congress  of  the  United 
States,  and  within  every  subsequent  term  of  ten  years,  in 
such  manner  as  they  shall  by  law  direct.     The  number  oj 
Bepresentatives  shall  not  exceed  one  for  every  thirty  thou- 
sand, but  each  State  shall  have  at  least  one  Bepresentative  ; 
and  until  such  enumeration  shall  be  made,  the  State  of  New 
Hampshire  shall  he  entitled  to  choose  three,  Massachusetts 
eight,  Bhode  Island  and  Providence  Plantations  one,  Con- 
necticut five,  New  York  six^  New  JeT§§y  four,  PennsyU 


144     Organization  of  the  Legislative  Department 

vania  eight,  Delaware  one,  Maryland  six,  Virginia  ten, 
North  Carolina  five,  South  Carolina  five,  and  Georgia 
three. 

The  three-fifths  rule  was  rendered  void  by  the  adop- 
tion of  Amendment  XIII,  which  abolished  slavery. 
There  were  then  no  longer  the  "  other  persons."  That 
part  of  the  clause  providing  for  the  laying  of  direct 
taxes  is  still  in  force.  Eeally  the  Southern  States  were 
favored.  In  practical  operation,  while  their  direct  taxes 
were  increased,  these  were  imposed  only  on  five  occa- 
sions, and  the  States  of  the  South  secured  a  large  in- 
crease of  Representatives.  The  Indians  "not  taxed" 
doubtless  refers  to  those  Indians  who  still  maintain 
their  tribal  relations  or  live  on  the  reservations.  Their 
number,  according  to  the  census  of  1900,  was  134,158. 
The  A  careful  enumeration  of  the  population  of  the  United 

States  had  not  been  made  in  1787.  In  order  to  carry 
out  this  provision  of  the  Constitution,  the  first  census 
was  taken  in  1790  and  there  has  been  one  every  ten 
years  since  that  time.  The  taking  of  the  census  and  the 
compilation  and  publication  of  the  statistics  connected 
with  it  are  under  the  supervision  of  the  Director  of  the 
Census.  The  four  principal  reports  in  the  twelfth  census 
are  those  on  population,*  mortality,  manufactures,  and 
agriculture.  Work  on  this  census  was  begun  June  1, 
1900,  and  these  reports  were  issued  by  July  1,  1902. 
This  work  previously  required  from  seven  to  nine  years. 
The  work  was  greatly  aided  by  the  provision  of  a  build- 
ing to  be  used  for  this  purpose  exclusively,  the  first  in 
the  history  of  this  or  of  any  other  nation.  Over  50,000 
enumerators,  2,500  clerks,  and  2,000  special  agents 
were  required  to  take  the  twelfth  census,  and  the  cost 
was  some  $12,000,000.     The  taking  of  the  census  will 

*  This  shows  the  total  population  of  the  United  States  to  be  76,303,387, 
which  is  an  increase  of  21  per  cent,  in  ten  years. — Census  Bulletin,  No. 
65,  June,  1901. 


Organization  of  the  Legislative  Department    145 

in  the  future  be  more  economical  and  efficient^  because 
of  the  establishment  of  the  permanent  census  bureau  by 
an  act  of  Congress  in  1902. 

According  to  the  original  method  of  apportionment,  the  number  The  ratio 
of  Representatives  was  not  to  exceed  one  for  every  30,000  people,  geSfoiu 
and  the  House  contained  65  members.  Various  methods  were 
used  in  ascertaining  the  ratio  of  representation  after  each  census 
until  1870,  when  the  present  system  was  employed  for  the  first 
time.  We  may  understand  this  method  through  a  consideration  of 
the  apportionment  made  in  1891,  which  determined  the  number  of 
Representatives  prior  to  March  4,  1903.  The  total  population  of 
the  United  States  in  1890  was  62,622,250.  From  this  number  a 
committee  of  the  House  of  Representatives  subtracted  the  popula- 
tion of  the  District  of  Columbia  and  of  the  territories,  leaving 
61,908,906.  This  number  was  then  divided  by  332,  the  number  of 
members  in  the  House  of  Representatives  during  the  preceding 
decade,  and  by  the  numbers  successively  up  to  375.  The  popula- 
tion of  each  of  the  several  States  was,  at  the  same  time,  divided  by 
the  resulting  quotients.  After  the  various  trials,  a  number  was 
found  which  would  secure  each  State  against  any  loss  in  its  mem- 
bership, and  would  in  no  case  leave  a  major  fraction  unrepresented. 
Such  a  number  was  found  to  be  356,  and  it  gave  a  ratio  of  173,901. 
The  number  of  members  according  to  an  even  division  of  the  total 
population,  after  the  subtraction  of  the  population  of  the  Terri- 
tories, by  173,901  would  have  been  339.  The  17  additional  mem- 
bers were  secured  by  giving  another  member  to  each  of  the  States 
having  a  major  fraction  unrepresented. 


The  Representatives  of  States  coming  into  the  Union 
after  the  apportionment  is  made  are  always  additional 
to  the  number  provided  for  by  law.  Thus  Utah  was 
admitted  in  1896,  and  the  House,  after  that  date,  con- 
tained 357  Representatives. 

The  House  of  Representatives,  since  March  4,  1903, 
according  to  the  reapportionment  act  of  January  12, 
1901,  contains  386  members  as  a  minimum,  the  ratio 
being  one  Representative  to  194,182  of  the  population. 
An  effort  was  made  to  keep  the  number  at  357,  but  no 
ratio  Qould  be  found  which  would  enable  this  to  b^  done 


Members 
from  nevr 
States. 


Apportion-- 
ment  Qf 
1901. 


One 

Represent- 
ative for 
each  State. 


TeiTitorial 
delegates. 


Section  2, 
clause  4. 


Vacancies. 


Section  2, 
clause  5. 


146    Organization  of  the  Legislative  Department 

without  taking  from  some  of  the  States  one  or  more  of 
their  present  Eepresentatives.  Arkansas,  California, 
Colorado,  Connecticut,  Florida,  Louisiana,  Massachu- 
setts, Mississippi,  Missouri,  North  Carolina,  North 
Dakota,  Washington,  West  Virginia,  and  Wisconsin 
gained  one  Representative  each ;  Minnesota,  New  Jer- 
sey, and  Pennsylvania  gained  two  each ;  and  Illinois, 
New  York,  and  Texas  each  gained  three. 

The  number  of  members  in  the  English  House  of 
Commons  is  670  ;  in  the  French  Chamber  of  Deputies, 
584  ;  and  in  the  German  Reichstag,  396. 

The  Constitution  provides  that  each  State  shall  have 
at  least  one  Representative.  Otherwise  the  States  of 
Delaware,  Idaho,  Nevada,  and  Wyoming,  each  having  a 
smaller  population  than  the  ratio  adopted  in  1901,  would 
not  be  represented. 

The  organized  Territories  are  each  entitled  to  send  to 
the  House  of  Representatives  a  delegate,  who  is  allowed 
to  speak  on  questions  affecting  his  territory,  but  may  not 
vote. 

When  vacancies  happen  in  the  representation  from  any 
State^  the  executive  authority  thereof  shall  issue  writs  of  elec- 
tion to  fill  such  vacancies. 

When  a  vacancy  occurs  in  the  representation  from 
any  State  on  account  of  death,  expulsion,  or  for  other 
cause,  it  is  made  the  duty  of  the  Governor  of  the  State 
in  which  the  vacancy  exists  to  call  for  a  special  election 
in  that  district  to  choose  a  Representative  for  the  re- 
mainder of  the  term. 

The  House  of  Eepresentatives  shall  choose  their  Speaker 
and  other  officers,  and  shall  have  the  sole  power  of  impeach- 
ment. 

The  Speaker  is  always  a  member  of  the  House.*  The 
other   officers   are  the   Clerk,  Sergeant-at-arms,  Door- 


*  For  an  account  of  the 
pp.  175-177. 


Speaker  and  his  power  in  legislation,  see 


Organization  of  the  Legislative  Department    147 

keeper,  Postmaster,  and  Chaplain,  none  of  whom  is  a 
member  of  the  House.  The  Clerk  calls  the  House  to  Officers 
order  at  the  first  meeting  of  each  Congress,  and  acts  as  House, 
the  presiding  officer  until  a  Speaker  is  elected.  He 
keeps  the  record  of  all  questions  of  order  that  arise, 
certifies  to  the  passage  of  bills,  and  has  charge  of  the 
printing  of  the  House  Journal.  The  Sergeant-at-arms 
sees  that  good  order  is  preserved. 

The  Senate  of  the  United  States  shall  he  composed  of  two  Section  3, 
Senators  from  each  State,  chosen  by  the  legislature  thereof 
for  six  years  ;  and  each  Senator  shall  have  one  vote. 

This  clause  constitutes  a  part  of  the  celebrated  com- 
promise between  the  large  and  the  small  States.  There 
was  also  great  diversity  of  opinion  with  regard  to  the 
number  of  members  in  the  Senate  and  their  apportion- 
ment among  the  several  States.  After  equality  of  rep- 
resentation in  this  body  was  decided  upon,  there  still  Number, 
remained  the  question  as  to  the  number  from  each  and  term 
State.  Were  there  to  be  three  or  two  ?  Finally  two,  the  senators^ 
smallest  number  of  Representatives  to  which  a  State 
was  entitled  under  the  Confederation,  was  adopted.* 
Unlike  the  delegates  in  the  Continental  Congress,  the 
Senators  do  not  vote  by  States.  The  two  Senators  from 
a  State  may  and  often  do  vote  on  opposite  sides  of  a 
question.  Other  questions  arose  such  as  :  Were  the 
Senators  to  be  chosen  by  the  legislature  of  each  State  ; 
by  the  people  of  the  States  ;  or  by  the  House  of  Repre- 
sentatives either  directly  or  from  candidates  nominated 
by  the  State  legislatures  ?  The  reasons  for  the  unani- 
mous adoption  of  the  first  plan  seems  to  have  been  that 
it  would  connect  the  State  governments  more  closely 
with  the  National  government,  and  that  the  powers  of 
the  States  would  not  be  unduly  encroached  upon  by  the 

*  The  Senate  now  contains  ninety  members ;   the  English  House  gf 
Lords  560,  and  the  French  Senate  300. 


148     Organization  of  the  Legislative  Department 


Section  3, 
clause  2. 
Glasses  of 
Senators. 


general  government.  Alexander  Hamilton  was  in  favor 
of  choosing  Senators  for  life  or  during  good  behavior. 
Terms  of  nine  years,  of  seven  years,  of  six  years,  of  five 
years,  of  four  years,  and  of  three  years  were  also  pro- 
posed. Six  years  was  thought  to  be  most  satisfactory, 
for  it  would  secure  permanence  of  governmental  policy 
and  responsibility  in  the  Senators,  and  at  the  same  time 
guard  against  the  dangers  of  a  life  tenure  in  which  de- 
sirable changes  would  be  too  much  resisted. 

The  modifications  introduced  by  the  next  clause 
seem  to  have  been  intended  to  provide  against  any 
permanent  combination  among  the  members. 

Immediately  after  they  shall  be  assembled  in  consequence 
of  the  first  election,  they  shall  be  divided,  as  equally  as  may 
be,  into  three  classes.  The  seats  of  the  Senators  of  the  first 
class  shall  be  vacated  at  the  expiration  of  the  second  year  ; 
of  the  second  class,  at  the  expiration  of  the  fourth  year  ;  and 
of  the  third  class,  at  the  expiration  of  the  sixth  year;  so  that 
one-third  may  be  chosen  every  second  year,  and  if  vacancies 
happen  by  resignation  or  otherwise,  during  the  recess  of  the 
legislature  of  any  State,  the  executive  thereof  may  make 
temporary  appointments  until  the  next  meeting  of  the  legis- 
lature, which  shall  then  fill  such  vacancies. 

According  to  this  provision,  at  the  first  session  of  the 
first  Congress,  the  Senators  were  divided  into  three 
classes.  Senators  from  the  same  State  are  always 
placed  in  separate  classes,  and  the  Senators  from  a  new 
State  are  assigned  in  such  a  manner  as  to  preserve  the 
classification.  The  classes  they  are  to  enter  is  deter- 
mined between  them  by  lot  drawn  in  the  presence  of  the 
Senate.  Thus,  the  Senators  from  Utah  were  assigned  to 
the  two  and  the  four  year  classes,  and  neither  of  them 
served  the  full  term  of  six  years. 

A  Senator  appointed  by  the  Governor  of  a  State  dur- 
ing the  recess  of  the  State  legislature  holds  the  office 


Organization  of  the  Legislative  Department    149 

until  the  next  meeting  of  the  legislature,  or,  in  case  that 
body  fails  to  elect  his  successor,  until  the  end  of  the 
session  of  the  legislature. 

If,  after  a  Senator's  term  expires,  the  legislature  fails  to  elect   If  the 
his  successor,  the  question  arises,  May  the  Governor  fill  the  vacancy    ^^^l  ^^ 
by  appointment  ?     In  several  instances  the   Senate   has   decided    elect  a 
against  this  procedure,  and  the  decision  in  another  case  in  April, 
1900,  would  seem  to  indicate  that  it  proposes  to  carry  out  the 
precedent. 

The  State  legislature  of  Pennsylvania,  after  seventy-nine  bal- 
lots, failed  to  elect  a  Senator.  Although  the  vacancy  had  not  oc- 
curred during  the  recess  of  the  State  legislature,  Matthew  S.  Quay, 
one  of  the  candidates,  was  appointed  Senator  by  the  Governor. 
The  Senate  decided  by  a  vote  of  33  to  32  that  Mr.  Quay  should  not 
be  seated. 

No  person  shall  be  a  Senator  who  shall  not  have  attained  Section  3. 
to  the  age  of  thirty  years,  and  been  nine  years  a  citizen  of  Quaiifica- 
the  United  States,  and  who  shall  not,  when  elected,  be  an  in-  senators. 
habitant  of  that  State  from  which  he  shall  be  chosen. 

After  calling  attention  to  the  differences  in  quali- 
fications between  Representatives  and  Senators,  the 
"  Federalist "  says  :  "  The  propriety  of  these  distinctions 
is  explained  by  the  nature  of  the  senatorial  trust,  which, 
requiring  greater  extent  of  information  and  stability  of 
character,  requires  at  the  same  time,  that  the  Senator 
should  have  reached  a  period  of  life  most  likely  to  supply 
these  advantages ;  and  which,  participating  immediately 
in  transactions  with  foreign  nations,  ought  to  be  exercised 
by  none,  who  are  not  thoroughly  weaned  from  the  pre- 
possessions and  habits  incident  to  foreign  birth  and 
education."  Albert  Gallatin,  of  Pennsylvania,  elected 
to  the  Senate  in  1798,  and  James  Shields,  of  Illinois, 
elected  in  1849,  were  declared  to  be  disqualified  because 
of  inadequate  citizenship.  The  Senate  has  always  been 
composed  of  men  who  were  older  than  the  Representa- 
tives, and,  on  the  whole,  possessed  of  greater  dignity 


150     Organization  of  the  Legislative  Department 


Section  3, 
clause  4. 
President 
of  the 
Senate. 


Section  3, 
clause  6. 


Other 
officers 
of  the 


The 

President 
pro  tempore. 


and  learning,  so  that  the  Senate  has  a  reputation  second 
to  that  of  no  other  legislative  body  in  the  world.  Not- 
withstanding its  reputation,  the  presence  of  numerous 
millionaires  in  the  Senate  in  recent  years  has  caused 
unfavorable  comment.  The  Senate  is  also  by  tradition 
more  conservative  in  action  than  the  House,  but  on 
several  occasions  it  has  seemed  to  be  the  more  radical 
body.  For  these  reasons,  the  question  is  often  asked, 
"Is  the  Senate  degenerating?"  Such  a  question  is 
always  in  order  in  a  republic  concerning  any  institution 
or  office. 

The  Vice-President  of  the  United  States  shall  be  Presi- 
dent of  the  Senate,  but  shall  have  no  vote  unless  they  be 
equally  divided. 

The  Senate  shall  choose  their  other  officers,  and  also  a 
President  pro  tempore,  in  the  absence  of  the  Vice-President, 
or  when  he  shall  exercise  the  office  of  President  of  the 
United  States. 

The  officers  of  the  Senate  are  President,  Secretary, 
Chief  Clerk,  Sergeant-at-arms,  Chaplain,  Postmaster, 
Librarian,  and  Doorkeeper,  none  of  whom  is  a  member  of 
the  Senate.  The  Vice-President  of  the  United  States  is 
President  of  the  Senate,  but  has  no  vote  "  unless  they 
are  equally  divided."  He  cannot  take  part  in  the  debates 
nor  appoint  the  Senate  committees.  These  committees, 
as  well  as  the  other  officers,  are  chosen  by  the  Senate. 
Their  duties  are  similar  to  those  of  the  corresponding 
positions  in  the  House. 

It  is  desirable,  in  the  absence  of  the  Vice-President, 
that  the  Senate  shall  have  a  presiding  officer,  and  so  at 
the  opening  of  the  session  that  body  chooses  from  its 
own  members  a  President  pro  tempore.  He  may  vote 
on  any  question,  but  cannot  cast  the  deciding  vote  in 
case  of  a  tie. 

The  Vice-President  takes  the  oath  of  office  when  he  is 


Organization  of  the  Legislative  Department    151 

inaugurated.     On  the  first  day  of  tlie  session  he  admin-   Oath  of 
isters  the  oath  of  office  to  the  new  Senators,  who  swear 
to  support  the  Constitution  and  the  laws  of  the  United 
States. 

The  times,  places  and  manner  of  holdinq   elections  for  Section  4, 

./  c  "         clause  1. 

Senators  and  Mepresentatives  shall  be  prescribed  in  each  Power  of 

State  by  the  legislature  thereof;  but  the  Congress  may  at  over  the 

any  time,  by  law,  make  or  alter  such  regulations,  except  as  Senators 

to  the  place  of  choosing  Senators.  sentative?. 

The  reasons  for  delegating  to  Congress  the  privilege 
of  exercising  absolute  power  relative  to  the  regulation 

of  elections,  is  stated  by  Story  as  follows:     *' Nothing  story,  On 

can  be  more  evident  than  that  an  exclusive  power  in  tution,  i, 

817 

the  State  legislatures  to  regulate  elections  for  the 
National  government  would  leave  the  existence  of  the 
Union  entirely  at  their  mercy.  They  could  at  any  time 
annihilate  it  by  neglecting  to  provide  for  the  choice  of 
persons  to  administer  its  affairs." 

Congress  did  not  exercise  its  authority  in  the  elec-  Election  of 
tion  of  Senators  prior  to  1866.  Many  disturbances  had 
arisen  between  the  houses  of  the  legislatures  over  the 
mode  of  election,  and  an  act  of  that  year  provided  for 
the  present  uniform  system  as  follows  :  The  legislature 
chosen  next  before  the  expiration  of  the  term  of  a 
Senator  shall  proceed  to  elect  his  successor  on  the  sec- 
ond Tuesday  after  its  organization.  On  that  day  each 
house  must  vote  separately  by  a  viva  voce  vote  and  enter 
the  result  on  its  journal.  The  two  houses  are  required 
to  meet  in  joint  assembly  at  12  m.  the  following  day,  when 
the  results  are  read.  If  the  same  person  has  received  a 
majority  of  the  votes  in  both  houses,  he  is  elected.  If 
no  person  have  such  majority,  the  joint  assembly  must 
take  a  viva  voce  Yote  and  the  person  receiving  a  majority 
of  such  votes  is  elected,  providing  a  majority  of  all  the 
members  elected  to  both  houses  are  present  and  voting. 


Senators. 


152     Organization  of  the  Legislative  Department 

Should  there  still  be  no  election,  the  joint  assembly  musi 
meet  at  noon  on  each  succeeding  day  and  take  at  least 
one  vote  until  a  Senator  shall  have  been  chosen.  The 
procedure  is  the  same  in  the  case  of  a  vacancy  which  has 
occurred  before  the  legislature  has  assembled.  When 
the  vacancy  happens  during  the  session  of  the  legislat- 
ure, it  must  proceed  in  the  same  way  the  second  Tues- 
day after  receiving  notice  of  the  vacancy.  The  Govern- 
or of  the  State  is  required  to  certify  the  election,  under 
the  seal  of  the  State,  to  the  President  of  the  Senate  of 
the  United  States.  This  certificate  must  also  be  coun- 
tersigned by  the  Secretary  of  State  of  that  State. 

In  1901  the  members  of  the  Nebraska  legislature  voted  for  three 
months  before  they  were  able  to  elect  a  United  States  Senator. 
There  were  Senatorial  deadlocks  also  in  the  legislatures  of  Mon- 
tana, Oregon,  and  Delaware,  those  in  the  first  two  States  being 
broken  in  the  last  hours  of  the  sessions.  The  deadlock  was 
maintained  in  Delaware  until  the  legislature  adjourned,  and  this 
State  was  left  with  no  representative  in  the  Senate.  For  a 
like  reason  Delaware  had  only  one  Senator  for  the  four  years 
previous  to  this  time.  Charges  were  made  in  some  of  the  States 
that  bribes  were  offered  to  individual  members  of  the  legislatures. 
Because  of  these  and  other  abuses  the  question  of  electing  Senators 
by  popular  vote  has  been  considerably  agitated  in  recent  years,  and 
twenty- seven  of  the  State  legislatures  have  gone  on  record  in  favor 
of  the  reform. 

A  resolution  providing  for  an  amendment  to  the  Constitution 
which  would  secure  this  result  was  passed  by  the  House  in  the 
Fifty-fourth  Congress  but  failed  in  the  Senate.  It  again  passed  the 
House  almost  unanimously  in  the  Fifty-fifth  Congress,  but  again 
failed  in  the  Senate.  The  House  vote  on  the  same  question  in  the 
first  session  of  the  Fifty-sixth  Congress  was  240  in  favor,  16  op- 
posed, but  the  Senate  "  reported  adversely." 

Time  and  The  time  f  or  the  election  of  Eepresentatives  has  been 

Soo8°ing*    prescribed  by  Congress  to  be  the  Tuesday  next  after  the 

ative?^^*^'    fi^st  Monday  in  November  of  the  even-numbered  years. 

The  Constitution  provides  that  they  shall  be  elected  by 


Organization  of  the  Legislative  Department    153 

the  people.  For  many  years  there  was  variation  in  the 
practice  of  States,  some  electing  their  Eepresentatives 
by  districts,  others  at  large.  Since  1842  Congress  has 
required  the  district  plan.  But  a  State  receiving  an 
additional  Representative,  by  a  new  apportionment,  may 
elect  him  at  large  until  the  State  is  re-districted. 

The  process  of  districting  the  States  is  under  the 
control  of  the  State  legislatures,  and  is  usually  per- 
formed during  the  first  session  after  a  new  apportion- 
ment has  been  made,  although  some  States  are  re-dis-  Re-district- 
tricted  more  frequently.  The  only  restrictions  placed  states, 
upon  the  legislatures  are  those  contained  in  a  Con- 
gressional act  of  February  2,  1872,  which  provides  that 
the  districts  shall  be  composed  of  contiguous  territory 
and  contain,  as  nearly  as  practicable,  an  equal  number 
of  inhabitants. 

The  desire  to  secure  party  advantage  has  often  led  to 
the  manipulation  of  district  lines  in  a  most  objection-  "Gerry- 
able  and  unfair  manner.  "We  have  good  examples  of  ing." 
this  method  in  the  re-districting  of  several  States  after 
the  census  of  1890.*  Thus,  portions  of  a  State  contain- 
ing large  numbers  of  voters  of  the  opposing  party  were 
annexed  to  a  district  which  could  not  be  carried  by  the 
party  having  a  State  majority.  Or  at  times  territory, 
consisting  either  of  one  or  more  counties  or  a  portion 
thereof,  which  had  voters  that  could  be  spared  by  the 
majority  party  in  one  district  was  united  with  some 
other  district  where  the  majority  of  their  adversaries 
could  thus  be  offset.  Territory  is  regarded  as  con- 
tiguous when  it  touches  another  portion  of  the  district 
at  one  point.  As  a  consequence,  peculiarl}^  constructed 
districts  are  to  be  found  in  several  States,  the  most 
notable  being  the  "  shoe-string  district  "  of  Mississippi, 

*  Congreasional    Directory,   1893,   2d   session    of  the  52d  Congress, 
149-206. 


154     Organization  of  the  Legislative  Department 

which  is  250  miles  long  and  but  twenty  miles  broad ; 
the  "  dumb-bell  district "  of  Pennsylvania,  and  the 
"  monkey-wrench  "  district  of  Iowa.  When  the  Repre- 
sentative districts  of  a  State  have  been  in  this  manner 
the  objects  of  political  manoeuvring  or  when  a  similar 
system  has  been  used  in  forming  State  legislative  or 
judicial  districts,  the  State  is  said  to  have  been  "  gerry- 
mandered." * 


Origin  of 
"Gerry- 
mander." 
Bryce. 
American 
Common- 
wealth, I, 
121. 


The  origin  of  the  expression  is  described  in  the  following :  *'  So 
called  from  Elbridge  Gerry,  a  leading  Democratic  politician  in 
Massachusetts  (a  member  of  the  Constitutional  Convention  of 
1787,  and  in  1812  elected  Vice-President  of  the  United  States), 
who,  when  Massachusetts  was  being  re-districted,  contrived  a 
scheme  which  gave  one  of  the  districts  a  shape  like  that  of  a  lizard. 
A  noted  artist  entering  the  room  of  an  editor  who  had  a  map  of  the 
new  districts  hanging  on  the  wall  over  his  desk,  observed,  '  Why, 
this  district  looks  like  a  salamander,'  and  put  in  the  claws  and 
eyes  of  the  creature  with  his  pencil.  '  Say  rather  a  Gerrymander,' 
replied  the  editor,  and  the  name  stuck." 


Section  4, 
clause  2. 


The  meet- 
ing and 
organiza- 
tion of 
Congress. 


The  Congress  shall  assemble  at  least  once  in  every  year^ 
and  such  meeting  shall  be  on  the  first  Monday  in  Decem- 
ber, unless  they  shall  by  law  appoint  a  different  day. 

The  first  Monday  in  December  of  each  second  year  is 
a  notable  day  in  Washington,  for  the  formal  opening  of 
a  new  Congress  brings  thousands  of  visitors  to  the  city. 
In  the  House  of  Eepresentatives  the  organization  must 
proceed  as  if  the  body  had  not  met  before.  To  the 
Clerk  of  the  preceding  House  are  intrusted  the  creden- 
tials of  the  members,  and  from  these  he  makes  out  a 
list  of  the  members  who  are  shown  to  be  regularly 
elected.  At  the  hour  of  assembly  he  calls  the  roll 
from  this  list,  announces  whether  or  not  a  quorum  is 
present,  and  states  that  the  first  business  is  to  elect  a 
Speaker.    After  his  election  the  Speaker  takes  the  oath 

*  City  wards  have  also  been  "gerrymandered." 


Organization  of  the  Legislative  Department     155 

of  office,  which  is  administered  by  the  member  who  has 
had  the  longest  service  in  the  House.  The  Speaker 
then  administers  the  oath  to  the  members  by  States. 
The  election  of  the  Chief  Clerk  and  the  other  officers  fol- 
lows, after  which  the  House  is  said  to  be  organized. 

The  Senate  is  a  "  continuing  body  "  and  no  formal  or- 
ganization is  necessary.  At  the  opening  of  a  new  Con- 
gress the  Vice-President  calls  the  body  to  order  and  the 
other  officers  resume  their  duties.  After  the  President 
pro  tempore  has  been  chosen,  the  newly  elected  members 
are  escorted  to  the  desk  in  groups  of  four  and  the  oath 
is  administered  by  the  President  of  the  Senate.  Each 
house,  when  organized,  notifies  the  other  of  the  fact 
and  a  joint  committee  of  the  houses  is  appointed  to 
wait  upon  the  President  and  inform  him  that  quorums 
are  present  and  are  ready  to  receive  any  communication 
he  may  desire  to  send. 

Each  Congress  has  two  regular  sessions.  The  first  Sessions  of 
is  called  the  "  long  session,"  for  its  length  is  not  deter- 
mined by  a  definite  date  of  adjournment.  It  usually 
lasts  until  mid-summer  and  may  not  extend  beyond  the 
first  Monday  in  December,  the  time  fixed  for  the  begin- 
ning of  the  next  session.  The  second,  or  "short  ses- 
sion," cannot  extend  beyond  12  m.,  March  4th,  the  time 
set  for  a  new  Congress  to  begin.  The  President  may 
convene  Congress  in  special  session. 

Supplementary  Questions  and  Keferences. 

1.  a.  What    is    the   number  of  the  present  Congress? 

Give  the  times  for  the  beginning  and  end  of  each 
session. 
b.  For  a  discussion  on  the  time  when  Congress  should 
convene,  see  N.  Am.  Rev.,  164  :  374-376  ;   Atl. 
Mo.,  77:98-103. 

2.  a.  Should  a  person  be  granted  the  right  of  suffrage 

before  he  is  naturalized  ? 


156     Organization  of  the  Legislative  Jjerpartment 

6.  In  the  States  which  have  woman  suffrage  may 
women  vote  for  Representatives  ? 

3.  It  is  not  required  by  law  that  a  Representative  should 
reside  in  the  district  that  he  represents,  but  it  is  an  estab- 
lished custom.  What  are  its  advantages  and  its  disadvan- 
tages? Compare  with  the  English  practice.  Bryce, 
American  Commonwealth,  I,  chapter  19. 

4.  What  is  the  meaning  and  the  significance  of  the 
following  statement?  **The  system  of  district  represen- 
tation has  gone  far  to  make  legislation  a  series  of  com- 
promises between  the  interests  of  the  various  parts  con- 
cerned, rather  than  an  attempt  to  meet  the  needs  of  the 
whole." 

5.  a.  Do    you   favor   an  educational    qualification   for 

voters  ? 

b.  Were  the  States  mentioned  on  p.  142  justified  in 

the  enactment  of  their  suffrage  laws  ? 

c.  Should  section  2,  Amendment  XIV,  be  enforced  ? 

Rev.  of  R's,  22  :  273-275  ;  653,  654  ;  25  ;  716- 
718  ;  Forum,  31  :  225-230  ;  N.  Am.  Rev.,  168: 
285-296  ;    170  :  785-801  ;    Outlook,  70  :  791-792. 

6.  What  are  the  points  of  likeness  and  of  difference  be- 
tween the  House  of  Representatives  and  the  House  of  Com- 
mons?   N.  Am.  Rev.,  158  :  257-267  ;  170  :  78-86. 

7.  How  large  is  your  Congressional  district  ?  Compare 
its  area  with  that  of  other  districts  in  your  State.  What 
is  its  population  ?  Compare  this  with  the  ratio  of  appor- 
tionment ;  also  with  the  population  of  other  districts  in 
your  State.  Compare  the  number  of  votes  cast  for  Rep- 
resentative in  your  district  with  the  number  cast  in  dis- 
tricts of  other  States  in  different  sections  of  the  country. 
How  do  you  account  for  the  variations?    See  New  York 

World  Almanac. 

8.  a.  Give  the  number  of  Representatives  to  which  your 

State  is  entitled.     Was  the  number  increased  in 
the  last  apportionment  ? 
b.  Some  interesting  facts  connected  with  the  appor- 
tionment of  1891  are  given  in  the  Forum,  30  : 
568-577. 


Organization  of  the  Legislative  Department    157 

c.  For  "gerrymandering,"  effects,  and  remedy,  see 
Forum,  9  :  538-551  ;  12  :  691-697  ;  Atl.  Mo.,  69  : 
678-682  ;  Rev.  of  R's,  6  :  541-544. 

9.  a.  For  accounts  of  the  method  by  which  a  census  is 

taken,  see  American  Census  Methods,  Forum, 
30  :  109-119  ;  Merriman,  Census  of  1900,  N.  Am. 
Rev.,  170  :  Century  Mag.,  68  :  881-842. 
6.  What  were  the  results  of  the  census  of  1900  ;  pres- 
ent population  ;  distribution  of  the  population  ; 
and  growth  during  the  century  ?  Rev.  of  R's, 
22  :  650-652. 

10.  Who  are  some  of  the  best  known  Representatives  and 
Senators  ?    For  what  reasons  is  each  noted  ? 

11.  Who  are  the  Senators  from  your  State?  When  was 
each  elected  ? 

12.  Give  the  names  of  the  Speaker,  and  of  the  President 
pro  tempore. 

13.  Has  the  Senate  degenerated  ?  Forum,  23  :  129-144  ; 
23  ;  271-281  ;  Century  Mag.,  48  :  374-379  ;  54  :  632-633. 

14.  Should  Senators  be  elected  by  the  votes  of  the 
people?  Forum,  18  :  270-278  ;  21  :  385-397 ;  Atl.  Mo.,  68  : 
227-232  ;  Bryce,  American  Commonwealth,  I,  chapter  12  ; 
Federalist,  No.  62. 

15.  Ought  there  to  be  an  amendment  to  the  Constitution 
providing  for  uniform  qualifications  for  suffrage  ? 


CHAPTER  Xy 

POWERS   AND    DUTIES    OF   THE    SEPARATE   HOUSES 
I.  Impeachment. 

Article  n,         The  President,  Vice-President  and  all  civil  officers  of  the 
United  States,  shall  be  removed  from  office  on  im^peachment 
for,  and  conviction  of,  treason,  bribery,  or  other  high  crimes 
and  misdemeanors. 

Article  I.  The  Housc  of  Eepresentativcs  shall    .     .     .     have  the 

clause  5. '       sole  powcr  of  impeachment. 

The  Senate  shall  have  the  sole  power  to  try  all  impeach- 

sections,  mcnts.  When  sitting  for  that  purpose,  they  shall  be  on  oath 
or  affirmation.  When  the  President  of  the  United  States  is 
tried,  the  Chief  Justice  shall  preside  ;  and  no  person  shall 
be  convicted  without  the  concurrence  of  two-thirds  of  the 
members  present. 

Judgment  in   cases  of  impeachment  shall  not  extend 

Section  3,  further  than  to  removal  from  office  and  disqualification  to 
hold  and  enjoy  any  office  of  honor,  trust  or  profit  under  the 
United  States  ;  but  the  party  convicted  shall  nevertheless  be 
liable  and  subject  to  indictment,  trial,  judgment,  and  punish- 
ment according  to  law. 

The  term  "civil  officers"  is  here  used  in  distinction 
from    military   and    naval   officers,  who   are   tried   for 

Whomaybe  offences  by  courts-martial.  Members  of  Congress  may 
not  be  impeached.  It  has  been  determined  that  they 
are  subject  only  to  the  rules  of  the  house  of  which 
they  are  members. 

What  constitutes  high  crimes  and  misdemeanors  has 
never  been  accurately  defined,  but  they  are  understood 

158 


Powers  and  Duties  of  the  Separate  Houses    159 

to  be  those  offences  of  an  official  nature  which  the  ordi- 
nary courts  of  law  cannot  reach ;  such  as,  abuse  of 
power,  acceptance  of  bribes,  or  intemperance. 

The  House  of  Representatives  has  the  sole  power  to 
prefer  charges  of  impeachment.  These  take  the  place 
of  the  indictment  in  the  ordinary  criminal  trial.  The  The  methoc 
Senate  has  the  sole  power  to  try  all  impeachments.  The 
Chief  Justice  of  the  United  States  must  preside  in  the 
trial  of  the  President,  while  in  ordinary  trials  the  pre- 
siding officer  is  the  Vice-President  or  the  President  pro 
tempore.  The  manner  of  conducting  the  trial  resembles 
that  of  a  trial  by  jury.  Each  Senator  is  sworn  to  be 
impartial  in  his  decision;  managers  from  the  House 
present  the  charges  at  the  bar  of  the  Senate;  the  ac- 
cused may  answer  in  person  or  through  his  counsel ; 
and  witnesses  are  examined.  When  all  the  evidence  has 
been  submitted,  the  Senate  deliberates  on  the  case  in 
secret  session.  In  order  that  impeachment  may  not  be 
used  for  party  purposes,  it  is  provided  that  there  shall 
be  no  conviction  except  by  a  two- thirds  vote.  During 
the  progress  of  the  trial,  the  officer  impeached  is  per- 
mitted to  perform  his  regular  duties. 

No  action  can  be  taken  by  the  Senate  other  than  to 
remove  the  convicted  official  from  office  and  to  disqualify 
him  from  holding  any  office  under  the  United  States. 
If  the  offence  upon  which  the  conviction  is  secured  is  Judgmem 
one  punishable  by  law,  the  person  is  liable  to  a  regular  Son°^^°* 
trial  in  the  courts.  The  President  may  not  grant  a 
pardon  in  cases  of  impeachment. 

Largely  because  of  the  cumbersome  method  of  proced- 
ure, the  number  of  impeachment  trials  has  been  small. 
These  have  been  the  following  :  Senator  William  Blount  impeach- 
in  1799  ;  Judge  John  Pickering  of  the  United  States  °'^^""^''' 
Supreme  Court  in  1803  ;  Judge  Samuel  Chase  of  the 
United  States  Supreme  Court  in  1804 ;   Judge  James  H. 


160     Powers  and  Duties  of  the  Separate  Houses 

Peck  of  the  Federal  District  Court  in  1830 ;  Judge  W. 
H.  Humphries  of  the  United  States  District  Court  in 
1862  ;  President  Andrew  Johnson  in  1868 ;  and  Sec« 
retary  of  War  W.  W.  Belknap  in  1876.  Judges  Picker- 
ing and  Humphries  were  convicted. 


Section  5, 
clause  1. 
Determina- 
tion of 
member- 
Bhip  and 
quorums. 


Contested 
seats  in  the 
Senate. 


II.  The  Quorum,  Journal,  and  Freedom  of  Speeoh. 

Each  house  shall  he  the  judge  of  the  elections,  returns^ 
and  qualifications  of  its  own  members,  and  a  majority  oj 
each  shall  constitute  a  quorum  to  do  business  ;  but  a  smaller 
number  may  adjourn  from  day  to  day,  and  may  be  author- 
ized to  compel  the  attendance  of  absent  members,  in  such 
manner  and  under  such  penalties  as  each  house  may  pro- 
vide. 

It  is  obvious  that  the  power  to  judge  of  the  elections, 
returns,  and  qualifications  of  members  of  a  legislative 
body,  must  exist  somewhere.  This  right  could  not  be 
better  placed  than  in  the  houses  constituting  the  legis- 
lative body,  for  by  the  exercise  of  this  right  the  inde- 
pendence and  purity  of  the  individual  houses  are  pre- 
served. 

In  the  Senate  the  question  raised  in  a  contest  usually 
applies  to  whether  a  Senator  has  been  duly  elected.  It 
has  been  held  by  the  Senate  that  to  deprive  a  member 
of  his  seat  for  bribery  or  corruption  in  the  course  of  his 
election,  it  must  be  shown  that  he  was  personally  guilty 
of  corrupt  practices,  that  the  corruption  took  place 
with  his  sanction,  or  that  a  number  of  votes  sufficient 
to  affect  the  result  were  corruptly  changed.  As  an  in- 
stance, Mr.  Clark  of  Montana  was  refused  a  seat  in  the 
Senate  during  the  first  session  of  the  66th  Congress,  be- 
cause it  was  proved  that  he  had  secured  his  election  by 
bribing  members  of  the  State  legislature. 

In  the  House  the  name  of  the  person  possessing  tl^e 


Powers  and  Duties  of  the  Separate  Houses    161 

certificate  of  election  signed  by  the  Governor  of  his  State 
is  entered  on  the  roll  of  the  House,  but  the  seat  may 
still  be  contested.  Many  cases  of  contested  elections  are  ContestB  in 
considered  by  each  new  house.  There  were  thirty-two 
seats  contested  in  the  54th  Congress.  Such  cases  are 
referred  to  the  Committee  of  Elections,  which  hears  the 
testimony,  and  presents  it  to  the  House  for  final  decision. 
Each  of  the  cases  when  presented  to  the  House  con- 
sumes from  two  to  five  days  which  might  otherwise  be 
used  for  the  purposes  of  legislation.  The  law  provides 
that  not  more  than  $2,000  shall  be  paid  either  of  the 
contestants  for  expenses,  but  even  then,  it  is  esti- 
mated, these  contests  cost  the  government,  all  told, 
$40,000  annually.  "When  the  decision  is  rendered  by 
the  House,  the  vote  is,  in  most  cases,  strictly  on  party 
lines,  regardless  of  the  testimony.  In  view  of  these 
facts,  it  has  been  suggested  that  the  Supreme  Court 
decide  all  contested  elections. 

Many  disputes  have  arisen  over  the  question  whether 
the  majority  necessary  to  constitute  a  quorum  means  a 
majority  of  the  total  number  possible  to  be  elected  to  what  con 
each  house  or  a  majority  of  those  who  are  actually  mem-  qioramf 
bers,  not  counting  vacancies.  The  latter  view  seems 
to  be  most  in  favor.  When  the  House  of  Representa- 
tives is  in  committee  of  the  whole,  100  members  are 
required  to  make  a  quorum.  If  it  appears  upon  the 
count  of  the  Speaker  or  the  roll-call  of  the  House  that  a 
majority  is  not  present,  business  must  be  suspended 
until  a  quorum  is  secured.  Fifteen  members,  including 
the  Speaker,  may  be  authorized  to  compel  the  attend- 
ance of  absent  members.  This  is  accomplished  as  fol- 
lows :  the  doors  of  the  House  are  closed,  the  roll  is 
called,  and  absentees  noted.  The  Sergeant-at-arms, 
when  directed  by  the  majority  of  those  present,  sends 
for,  arrests,  and  brings  into  the  House  those  members 


162     Powers  and  Duties  of  the  Separate  Houses 


Section  5, 
clause  2. 
Rules  and 
discipline. 


Section  5, 
clause  3. 
The  Jour- 


Senate 
Journal. 


who  have  not  a  sufficient  excuse  for  absence.  When  a 
quorum  *  is  secured  the  business  is  resumed. 

Each  house  may  determine  the  rules  of  its  proceedings, 
punish  its  members  for  disorderly  behavior,  and,  with  the 
concurrence  of  two-thirds,  expel  a  member. 

The  right  to  make  its  own  rules  is  usually  intrusted 
to  every  assembly,  and  this  power  should  be  vested  in 
the  houses  of  the  National  legislature.  But  rules  would 
be  without  value  unless  there  were  some  means  of 
punishment  provided  for  those  who  disregard  them.  It 
is  also  desirable  that,  in  extreme  cases,  there  should  be 
some  method  of  redress.  The  two-thirds  vote  necessary 
to  expel  a  member  seems  wise  in  order  that  expulsion 
may  not  be  easily  used  in  the  interest  of  a  faction  or  of 
a  political  party. 

Each  house  shall  keep  a  journal  of  its  proceedings  and 
from  time  to  time  publish  the  same,  excepting  such  parts  as 
may  in  their  judgment  require  secrecy  ;  and  the  yeas  and 
nays  of  the  members  of  either  house  on  any  question  shall, 
at  the  desire  of  one-fifth  of  those  present,  be  entered  on  the 
journal. 

By  means  of  the  Journal,  read  at  the  opening  of  each 
day's  session,  the  official  record  of  the  proceedings  of 
Congress  is  made  known  to  the  public.  The  debates  do 
not  appear  in  the  Journal,  but  are  published  each  day 
in  the  "  Congressional  Record." 

Rule  IV  of  the  Senate  with  reference  to  the  Journal 
is  as  follows  :  "The  proceedings  of  the  Senate  shall  be 
briefly  and  accurately  entered  on  the  Journal.  Mes- 
sages of  the  President  in  full,  titles  of  bills  and  joint 
resolutions,  and  such  parts  as  shall  be  affected  by  pro- 
posed amendments ;  every  vote,  and  a  brief  statement 
of  the  contents  of  each  petition,  memorial,  or  paper 
presented  to  the  Senate  shall  be  entered." 

*  For  the  power  of  the  Speaker  in  counting  a  quorum,  see  p.  176. 


Powers  and  Duties  of  the  Separate  Houses    163 

Another  means  of  keeping  constituents  informed  on 
the  position  of  their  Kepresentatives  is  through  the  re- 
cording in  the  Journal  of  the  vote  of  each  member  upon 
the  demand  of  one-fifth  of  those  present.  In  voting  by 
the  "yeas  and  nays/*  the  Clerk  calls  the  roll  of  members  The  yeas 
and  places  after  each  name,  "yea,"  "nay,"  "not  voting,"  *^  ^^^^' 
or  "  absent."  The  Senate  rules  specify  this  as  the  only 
method  of  voting.  (Other  methods  of  voting  are  indi- 
cated on  p.  170.) 

Neither  house,  during  the  session  of  Congress,  shall,  sections, 
without  the  consent  of  the  other,  adjourn  for  more  than  three  Power  to 
days,  nor  to  any  other  place  than  that  in  which  the  two  *  ^°'^°' 
houses  shall  be  sitting. 

Without  such  a  provision  it  would  be  possible  for 
either  house,  by  adjourning,  to  block  effectually  all  leg- 
islation. The  following  form  of  concurrent  resolution 
is  usually  adopted  at  such  times:  "Eesolved  by  the 
House  of  Kepresentatives,  the  Senate  concurring,  that 

when   the   two  Houses  adjourn  on ,  the day  of 

,  they  stand  adjourned  until  12  o'clock  meridian 

on ,  the day  of ."    If  there  is  a  disagreement 

between  the  two  houses  with  respect  to  the  time  of  ad- 
journment, the  President  may  adjourn  them  to  such  a 
time  as  he  thinks  proper.  He  is  also  authorized  by  law 
to  convene  Congress  at  some  other  place  than  Washing- 
ton, in  case  of  the  existence  there  of  contagious  disease 
or  of  any  other  conditions  which  would  place  life  or 
health  in  jeopardy. 

The  Senators  and  Representatives  shall  receive  a  com-  section  6, 
pensation  for  their  services  to  he  ascertained  by  law,  and  comifen' 
paid  out  of  the  treasury  of  the  United  States.  They  shall  freedom^ 
in  all  cases,  except  treason,  felony,  and  breach  of  the 
peace,  be  privileged  from  arrest  during  their  attendance 
at  the  session  of  their  respective  houses,  and  going  to  and 
returning  from  the  same  ;  and  for  any  speech  or  debate 


from  arrest. 


Salaries 
paid  Sena- 
tors and 
Represent- 
atives. 


164    Powers  and  Duties  of  the  Separate  Houses 

in  either  Houses  they  shall  not  he  questioned  in  any  other 
place. 

The  question,  ought  compensation  to  be  given  mem- 
bers of  legislative  assemblies  or  should  their  services 
be  regarded  as  honorary  gave  rise  to  a  heated  dis- 
cussion in  the  Constitutional  Convention.  Members  of 
the  State  legislatures  were  receiving  salaries,  but  mem- 
bers of  the  English  Parliament  were  not.  Finally,  the 
American  practice  prevailed,  for  it  was  thought  that 
men  of  ability,  though  poor,  might  thus  be  enabled  to 
enter  the  National  legislature  and  that  the  position 
might  be  made  more  attractive  than  that  of  a  member 
of  a  State  legislature. 

The  compensation  of  Senators  and  Representatives  from  1789  to 
1815  was  six  dollars  per  day  and  thirty  cents  for  every  mile 
travelled,  by  the  most  direct  route,  in  going  to  and  returning  from 
the  seat  of  government.  Prior  to  1873,  this  amount  was  changed 
several  times  by  act  of  Congress.  The  compensation  then  agreed 
upon  and  still  paid  is  ^5,000  per  year,  with  mileage  of  twenty 
cents,  and  $125  per  annum  for  stationery.  The  Speaker  receives 
$8,000  a  year  and  mileage.  The  President  pro  tempore  receives 
the  same  amount  while  acting  as  president  of  the  Senate. 

To  many  $5,000  seems  a  large  salary,  but  the  great  expense  of 
living  in  Washington,  especially  if  the  Congressman  and  his  family 
take  part  in  the  social  life  of  the  capital,  renders  the  salary  quite 
inadequate.  Members  have  been  known  to  pay  more  than  their 
salaries  for  house-rent  alone.  Many  members  make  a  financial 
sacrifice  in  accepting  a  seat  in  Congress. 


Privilege 
from  arrest. 


As  already  noted,  a  member  of  Congress  may  be  pun- 
ished for  an  offence  by  the  house  to  which  he  belongs. 
It  is  manifest  that  he  should  be  free  from  arrest,  ex- 
cept in  case  of  treason,  felony,  and  breach  of  the  peace ; 
otherwise  his  district  might,  sometimes  under  false 
charges,  be  deprived  of  representation,  and  National 
legislation  be  interrupted. 

Freedom  of  speech  is  quite  as  important  in  a  repre- 


Powers  and  Duties  of  the  Separate  Houses    165 

sentative  government  as  freedom  of  person.     This  privi-  Freedom 
lege  extends  to  all  utterances  used  in  the  course  of  leg- 
islation.    Since  all  Congressional  debates  are  published, 
it  is  held  to  apply  to  them  also. 

No  Senator  or  Bepresentative  shall,  during  the  time  for  section  6, 
which  he  was  elected,  he  appointed  to  any  civil  office  under  DisquaM- 
the  authority  of  the  United  States  which  shall  have  been  h?id  otifer 
created,  or  the  emoluments  whereof  shall  have  been  increased, 
during  such  time  ;  and  no  person  holding  any  office  under 
the  United  States  shall  be  a  member  of  either  house  dur- 
ing his  continuance  in  office. 

The  purpose  of  this  provision,  which  was  discussed  at 
considerable  length  in  the  Constitutional  Convention, 
seems  to  have  been  to  remove  the  temptation  on  the 
part  of  Congressmen  to  create  offices  or  to  increase  the 
emoluments  of  those  already  existing  in  order  to  profit 
by  such  legislation.  It  was  also  thought  necessary  to 
guard  against  bargaining.  The  President,  in  order  to 
secure  certain  legislation,  might  agree  to  appoint  to 
offices  thus  created  Congressmen  who  aided  him. 

The  exclusion  of  United  States  officials  from  seats  in 
Congress  was  due  to  the  desire  of  appeasing  State 
jealousy,  which  asserted  that  the  National  government 
would  secure  an  undue  influence  over  the  State  govern- 
ments. It  is  advocated,  with  good  reason,  that  mem- 
bers of  the  Cabinet  should  be  privileged  to  take  part  in 
the  discussion  of  measures  in  Congress  which  pertain 
to  their  own  departments.  Alexander  Hamilton  asked 
for  this  privilege,  but  it  was  refused  because  of  the 
fears  of  his  influence.  The  precedent  thus  established 
has  always  been  retained.  But  since  executive  officers 
are  often  invited  to  present  their  views  before  com- 
mittees of  Congress,  they  may  exert  great  influence 
upon  legislation. 


CHAPTEE  XVI 

PROCEDURE    IN    CONGRESS 

The  first  step  in  the  enactment  of  a  law  is  the  intro- 
duction of  a  bill.  In  the  House  of  Representatives  this 
is  done  simply  by  giving  the  bill,  indorsed  with  the 
name  of  the  member  introducing  it,  to  the  Speaker ; 
generally  it  is  laid  on  the  Speaker's  desk.*  The  title 
of  the  bill  is  recorded  and  the  Speaker  refers  it  to  a 
committee. 

FOEM  OP  A  BILL 


56th  Congress 
1st  Session 

H.  R.  6071 
[Report  No.  376.] 
In  the  House  of  Representatives 
Jan.  12,  1900. 
Mr.  Loud  introduced  the  following  bill,  which  was  re- 
ferred to  the  Committee  on  Post-Offices  and  Post-Roads 
and  ordered  to  be  printed. 

Feb.  19,  1900. 
Reported    with    amendments,  referred    to  the  House 
Calendar,  and  ordered  to  be  printed. 


A  BILL 
To  amend  the  postal  laws  relating  to  second-class  mail 
matter. 

1  Be  it  enacted  by  the  Senate  and  House  of  Repre- 

2  sentatives  of  the  United  States  in  Congress  assembled, 

3  That  mailable  matter  of  the  second  class  shall  embrace 


*  Private  bills,  however,  are  given  to  the  Clerk  of  the  House. 
166 


Procedure  in  Congress  167 

The  introduction  and  reference  of  a  bill  do  not  neces- 
sarily take  place  during  a  session  of  the  House,  and  the 
bill  will  not  come  before  the  House  for  its  consideration 
until  the  committee  reports  it  back. 

Before  proceeding  further  with  the  history  of  a  bill 
we  must  notice  a  most  important  feature  of  Congres- 
sional machinery — namely,  the  committee  system.  Al-  The 
most  every  deliberative  body  finds  it  convenient  to  in-  system, 
trust  certain  parts  of  its  business  to  committees.  When 
the  assembly  is  large,  and  especially  when  the  mass  of 
business  is  great,  committees  are  absolutely  necessary. 
After  a  committee  has  given  consideration  to  any  mat- 
ter in  its  charge,  it  submits  to  the  main  body  a  report 
recommending  whatever  course  of  action  it  deems  wise. 
The  assembly  may  either  adopt  or  reject  this  report. 
In  Congress  many  thousands  of  bills  are  introduced  in  a 
single  session.  By  far  the  greatest  part  of  the  work  of 
Congress,  therefore,  must  be  done  in  committees.  In 
the  House,  standing  committees  are  appointed  by  the 
Speaker  at  the  beginning  of  each  Congress ;  to  these  all 
bills  must  be  referred.  The  chairman  of  each  com- 
mittee and  a  majority  of  its  members  are  selected  from 
the  party  to  which  the  Speaker  belongs. 

In  the  long  session  of  the  56th  Congress  12,152  bills  were  intro- 
duced in  both  houses;  1,215  of  these  became  laws.  Of  these,  283 
were  public  acts  and  932  private  acts.  There  were  137  working 
days  in  this  session,  which  lasted  from  December  4,  1899,  to  June 
7,  1900.  In  this  Congress,  the  Rules  of  the  House  provided  for  55 
standing  committees,  varying  in  membership  from  5  to  17.  Among 
the  most  important  standing  committees  of  the  House  are  the  fol- 
lowing :  Ways  and  Means  (the  most  important  because  it  has 
charge  of  bills  for  raising  revenues),  Appropriations,  Banking  and 
Currency,  Foreign  Affairs,  Military  Affairs.  The  number  of  com- 
mittees in  the  Senate  is  not  much  less  than  the  number  in  the 
House.  The  names  of  a  few  are :  Finance  (corresponding  to  the 
Committee  on  Ways  and  Means  in  the  House),  Agriculture,  Com- 


168  Procedure  in  Congress 

merce,    Foreign    Relations,    Indian    Affairs,    Railroads,    Public 
Lands. 

Both  in  the  House  and  in  the  Senate,  every  member  is  on  some 
committee,  and  some  members  have  places  on  several  committees. 

Over  the  bills  placed  in  their  charge,  committees  have 
Power  of  almost  absolute  control.  "  They  may  amend  a  bill  as 
ovS°biiisf^  they  please  ;  they  may  even  make  it  over  so  entirely 
that  it  is  really  a  new  bill,  reflecting  the  views  of  the 
committee  rather  than  the  views  of  the  originator ;  or 
they  may,  either  by  reporting  a  bill  adversely,  or  by 
delaying  to  report  it  until  late  in  the  session,  or  by 
simply  not  reporting  it  at  all,  practically  extinguish  a 
bill."*  So  it  is  with  good  reason  that  the  writer  quoted 
above  concludes  that  "  the  committees  might  almost  as 
well  be  allowed  to  introduce  all  legislation." 

The  influence  of  committees  in  determining  what 
laws  shall  be  passed  is  further  shown  by  the  following 
facts  :  1.  Their  sessions  are  secret  and  their  proceedings 
are  seldom  published.  Committees  frequently  conduct 
"hearings," however,  at  which  testimony  and  arguments 
are  presented  by  both  friends  and  opponents  of  a 
measure.  2.  Only  a  very  small  proportion  of  the  bills 
referred  are  ever  reported  back  to  the  House.  The 
House  may,  however,  require  a  committee  to  report  a 
bill.  3.  The  House  really  deliberates  upon  only  a  few 
of  the  most  important  bills  that  are  reported.  It  ac- 
cepts the  recommendations  of  the  committees  as  to  the 
proper  disposition  of  the  great  majority  of  these  bills, 
and  they  are  passed  or  rejected  without  question  or 
debate.  About  five  or  ten  per  cent,  of  the  measures 
introduced  become  laws,  and  only  a  small  number  of 
these  are  bills  of  importance. 

Only  in  small  measure,  therefore,  do  we  have,  in  the 
House,  legislation  by  deliberation  and  debate.  The 
*  FoUett :  The  Speaker,  243-243. 


Procedure  in  Congress  169 

power  intrusted  to  the  committees  is  so  great  that  noth- 
ing but  the  personal  integrity  of  the  Kepresentatives  Responsi- 
can  prevent  its  abuse.  Corrupt  influences  may  easily  commttees. 
be  brought  to  bear  upon  them,  for  there  are  always 
present  in  the  "  lobby  "  men  whose  sole  aim  is  to  influ- 
ence legislation  in  this  way.  Since  the  committees  are 
held  responsible  only  in  a  slight  degree  for  the  business 
intrusted  to  them,  the  detection  of  such  evils  is  very 
difficult. 

When  a  bill  is  reported  back  to  the  House  it  is  placed 
on  one  of  three  calendars  :  the  first  contains  all  bills  for  The  caien- 
raising  revenue  and  all  bills  of  a  public  character  appro- 
priating money  ;  the  second,  all  other  bills  of  a  public 
character ;  the  third,  all  private  bills.  Bills  are  not 
brought  before  the  House  for  discussion  in  the  order  in 
which  they  stand  on  the  calendars.  Whether  a  bill  will 
ever  get  farther  than  the  calendar  depends  to  some  ex- 
tent upon  its  importance  and  merits,  but  chiefly  upon 
the  skill  and  influence  of  the  member  who  has  charge  of 
it.  This  is  generally  the  chairman  of  the  committee  that 
reported  the  bill. 

Like  all  similar  bodies,  the  House  has  an  *' order  of  The  "order 
business  "  laid  down  by  the  Eules.  1.  After  the  prayer  SL^bT" 
by  the  chaplain  each  day's  business  is  opened  by  the 
reading  and  approval  of  the  Journal.  2.  Then  the 
Speaker  lays  before  the  House  messages  from  the  Presi- 
dent, reports  and  communications  from  heads  of  depart- 
ments, etc.,  which  are  at  once  referred  to  special  or 
standing  committees.  3.  Next  in  order  comes  unfin- 
ished business.  4.  The  rules  provide  that  on  all  days 
except  the  second  and  fourth  Mondays  of  each  month,* 
one  hour  shall  be  given  to  a  "call  of  the  committees." 
During  this  "  morning  hour "  "  each  committee  when 

*  On  these  days  the  business  reported  by  the  Committee  on  the  District 
of  Columbia  has  precedence. 


170  Procedure  in  Congress 

named  may  call  up  for  consideration  any  bill  reported 
by  it  on  a  previous  day."  At  the  expiration  of  one  hour 
the  House  may  go  into  "  Committee  of  the  "Whole " 
(see  p.  171) ;  or,  the  "  morning  hour "  may  continue 
a  longer  time.  Beyond  this  order  of  business  the 
procedure  is  too  complicated  for  brief  statement.* 

It  is  during  the  call  of  the  committees  that  a  member 
in  charge  of  a  bill  may,  by  previous  arrangement  v^ith 
the  Speaker,  secure  recognition,  that  is,  the  right  to 
speak.  He  thus  brings  his  bill  before  the  House.  The 
consideration  of  this  bill  may  occupy  the  entire  hour, 
during  which  the  member  has  control  of  the  floor.  After 
speaking,  he  generally  yields  the  floor ^  temporarily,  to 
others,  both  friends  and  opponents,  vs^ho  debate  upon 
the  bill  or  endeavor  to  amend  it.  Before  a  bill  is 
brought  to  a  final  vote  the  Clerk  reads  it  three  times:  the 
first  time  by  title,  the  second  time  in  full,  and  the  third 
time  by  title  only,  unless  the  reading  in  full  is  demanded 
by  a  member.  When  the  Speaker  puts  the  question  of 
the  passage  of  a  bill  he  says,  "  As  many  as  are  in  favor 
Methods  of  ssij  aye  "  ;  then  "  As  many  as  are  opposed  say  no."  If 
he  doubts  which  side  has  prevailed,  or  if  a  division  is 
called  for,  a  rising  vote  is  taken.  If  he  is  still  in  doubt, 
or  if  a  count  is  demanded  by  at  least  one-fifth  of  a 
quorum,  two  members  are  appointed  tellers  ;  the  mem- 
bers voting  in  the  affirmative  pass  between  the  tellers 
and  are  counted  ;  then  those  favoring  the  negative.  If 
the  question  is  one  that  requires  the  yeas  and  nays,  or  if 
this  method  of  voting  is  demanded  by  one-fifth  of  those 
present,  the  roll  is  called.  Each  member  who  wishes  to 
vote  responds  when  the  Clerk  reads  his  name.  This 
process  consumes  half  an  hour  or  more.     After  the  roU- 

*  The  foregoing  account  is  based  on  the  Rules  of  the  House  for  the  56th 
Congress.  Thev  are,  of  course,  subject  to  alteration  by  subsequent  Con- 
gresses. 


voting. 


Procedure  in  Congress  171 

call  is    completed,  the  Speaker  announces  the   pairs.  Pairs 
Members  who  belong  to  different  political  parties  may- 
agree  that  they  shall  be  recorded  on  opposite  sides  of 
party  questions,  whether  they  are  present  or  not.     Or, 
pairs  may  be  arranged  for  particular  votes  only.     This  ^ 

device  enables  a  member  to  be  absent  from  the  House 
without  feeling  that  his  vote  is  needed. 

An  important  method  of  procedure  remains  to  be  de- 
scribed. The  Kules  of  the  House  require  that  all  bills 
that  levy  taxes  or  appropriate  money  shall  be  considered 
in  "  Committee  of  the  Whole  House  on  the  State  of  the  Committee 
Union."  This  may  be  done  at  any  time  after  the  "  morn-  whole, 
ing  hour  "  that  is  devoted  to  the  call  of  the  committees. 
The  Speaker  leaves  the  chair,  calling  another  member  to 
his  place  as  chairman.  In  Committee  of  the  Whole 
great  freedom  of  debate  is  allowed.  Consequently,  a 
bill  receives  much  more  discussion  than  under  the 
general  order  of  business.  When  the  debate  is  closed, 
the  committee  rises  and  reports  ;  that  is,  the  Speaker  re- 
turns to  his  chair  and  the  chairman  reports  to  the  House 
whatever  action  has  been  agreed  upon  in  the  Committee 
of  the  Whole.  The  House  then  adopts  this  report.  It 
is  under  this  procedure  that  most  of  the  long  speeches 
reported  in  the  "  Congressional  Record  "  are  delivered. 
Frequently,  instead  of  actually  delivering  his  speech,  a 
member  merely  makes  a  few  remarks  and  asks  leave  to 
print  the  rest  of  it.  Members  frequently  get  reprints 
of  their  speeches  (whether  these  were  actually  delivered 
or  not)  for  distribution  among  their  constituents  and 
for  campaign  literature. 

We  have  now  followed  the  course  of  a  bill  from  its  in- 
troduction in  the  House  through  the  committee  and  the  The  wii  in 
debate   which  it  may  receive,  to  the  final  vote  on  its 
passage.     When  a  bill  has  passed  the  House  it  receives 
the  signatures  of  the  Speaker  and  the  Clerk  and  ia  car- 


172  Procedure  in  Congress 

ried  to  the  Senate.  Here  the  presiding  officer  immedi- 
ately refers  it  to  a  committee.  The  process  of  passing 
bills  in  the  Senate  is  in  general  the  same  as  in  the  House. 
Some  differences  in  procedure  will,  however,  be  noted 
later.  Each  house  has  the  right  to  amend  a  bill  that 
has  already  passed  the  other  house.  If  the  house  in 
which  the  measure  originated  does  not  accept  the 
amendment  the  bill  fails  to  become  a  law.  Or,  a  con- 
Conference  ference  committee  may  be  arranged,  whjch  is  composed 
c  mmi  ees.  ^^  ^  ^^^  members  from  the  House  and  Senate  commit- 
tees that  have  previously  considered  the  bill.  If  the 
conference  committee  succeeds  in  arranging  a  satis- 
factory compromise,  each  house  will  pass  the  bill  in  the 
form  agreed  upon  and  reported  by  this  committee. 

The  power  of  enacting  laws  is  not  vested  solely  in 
Congress,  but  it  resides  to  some  extent  in  the  President 
also.    The  manner  in  which  the  President  may  exercise 
his  legislative  authority  is  now  stated. 
Article  I,  Every  Ml  which  shall  have  passed  the  House  of  Eepre- 

dau8e^2.'  sentatives  and  the  Senate,  shall,  before  it  become  a  law,  be 
presented  to  the  President  of  the  United  States;  if  he 
approve,  he  shall  sign  it ;  but  if  not,  he  shall  return  it,  with 
his  objections,  to  that  house  in  which  it  shall  have  origi- 
nated, who  shall  enter  the  objections  at  large  on  their  journal, 
and  proceed  to  reconsider  it.  If,  after  such  reconsider- 
ation, two-thirds  of  that  house  shall  agree  to  pass  the  bill, 
it  shall  be  sent,  together  with  the  objections,  to  the  other 
house,  by  which  it  shall  likewise  be  reconsidered,  and  ij 
approved  by  two-thirds  of  that  house,  it  shall  become  a  law. 
But  in  all  cases  the  votes  of  both  houses  shall  be  determined 
by  yeas  and  nays,  and  the  names  of  the  persons  voting  for 
and  against  the  bill  shall  be  entered  on  the  journal  of  each 
house  respectively.  If  any  bill  shall  not  be  returned  by  the 
President  within  ten  days  (Sundays  excepted)  qfter  it  shall 
have  been  presented  to  him,  the  same  shall  be  a  law,  in  like 


Procedure  in  Congi^ess  173 

manner  as  if  lie  had  signed  it,  unless  the  Congress,  by  their 
adjournment,  prevent  its  return,  in  which  case  it  shall  not 
he  a  law. 

The  President  is  expected  to  use  his  veto  power  when-  Reasons  for 

,  .  .    .  1  Ml       <•   /^  •  •  the  veto 

ever,  m  ms  opinion,  a  bill  of  Congress  is  unwise  or  un-  power, 
constitutional.  The  division  of  the  legislative  power 
between  these  two  departments  of  government  is  in 
accordance  with  the  principle  of  "  checks  and  balances " 
which  we  may  find  exemplified  in  many  other  parts  of 
our  National  system.  Hasty  action  on  the  part  of 
Congress,  or  an  attempt  to  encroach  upon  the  jurisdic- 
tion reserved  to  the  other  departments  or  to  the  States, 
may  be  opposed  by  the  Presidential  veto.  The  veto 
power  is  not  absolute,  however,  since  a  determined 
majority  of  two- thirds  of  the  members  in  both  houses 
may  prevail  in  spite  of  it.  This  feature  of  the  system  is 
based  on  a  sound  principle,  also,  since  it  must  be  pre- 
sumed that  the  will  of  the  people  is  more  adequately 
represented  in  a  Congress  that  is  constituted  in  this 
way,  than  in  the  person  of  the  President  alone. 

Before  President  Johnson,  the  largest  number  of  bills  vetoed  by 
any  one  President  was  twelve,  by  President  Jackson.     Disagree-    Vetoes  by 
ment   with   Congress   on  the   reconstruction  policy   accounts  for   ^^^dlnta. 
President  Johnson's    twenty-one   vetoes.     Some  of    the  bills  to 
which  he   refused   assent    were   important  and  were    afterwards 
passed  over  his  veto.     President  Grant  vetoed  forty -three  bills,  one 
of  which  (the  so-called  "inflation  bill")  was  of  great  consequence. 
President  Cleveland  vetoed  three  hundred  and  one  bills  in  his  first    . 
administration,  the  total  number  of  vetoes  in  our  history  before 
that  time  having  been  but  one  hundred  and  thirty -two.     This  is 
largely  accounted  for  by  President  Cleveland's  refusal  to  sign  cer- 
tain private  pension  bills,  of  which  a  great  number  are  passed  by 
every  Congress. 

The  President  may  cause  a  bill  to  fail  by  neither  signing  nor   The  "  pock- 
vetoing  it  during  the   last  ten   days   of  a    session.      The    term   ®''^®''°'' 
"  pocket  veto  "  has  been  applied  to  this  method  of  defeating  legis- 
lation. 


174  Procedure  in  Congress 

Lest  Congress  should  seek  to  evade  the  necessity  of 
submitting  its  acts  to  the  President,  the  following 
clause  of  the  Constitution  prohibits  the  enactment  of 
legislation  under  any  other  title  than  that  of  a  bill 

Section  7,  Every  order,  resolution,  or  vote  to  which  the  concurrence 

of  the  Senate  and  House  of  Bepresentatives  may  be  neces- 
sary (except  on  a  question  of  adjournment),  shall  he  pre- 
sented to  the  President  of  the  United  States ;  and  before 
the  same  shall  take  effect,  shall  be  approved  by  him,  or  be- 
ing disapproved  by  him,  shall  be  repassed  by  two-thirds  of 
the  Senate  and  House  of  Bepresentatives,  according  to  the 
rules  and  limitations  prescribed  in  the  case  of  a  bill. 

Because  the  House  represents  the  people  more  di- 
rectly than  does  the  Senate,  and  because  it  is,  generally 
speaking,  the   more   interesting  body   to   observe,  we 

Unifying       shall  now  look  farther   into  its  workings   to  discover 

forces  m  the  *=* 

House.  how  its  action  is  really  controlled.  When  one  con- 
siders the  immense  mass  of  business  laid  before  the 
House  and  the  more  than  fifty  committees  that  work 
independently  of  one  another,  each  member  and  each 
committee  endeavoring  to  secure  the  passage  of  par- 
ticular bills,  it  seems  a  wonder  that  any  unity  of 
purpose  or  harmony  in  legislation  can  be  attained. 
Eut  forces  are  at  work  beneath  the  surface  to  bring 
order  out  of  the  apparent  chaos.  The  first  of  these 
forces  is  the  power  of  the  majority.  Party  caucuses 
The  power  are  of  frequent  occurrence,  especially  if  the  majority 
majority.  is  Small  and  it  becomes  necessary  to  present  a  united 
front  to  the  opposition.  A  party  caucus — that  is,  a 
meeting  of  all  the  Eepresentatives  belonging  to  one 
party — will  decide  which  measures  must  be  passed  and 
which  rejected ;  or  it  may  compel  all  its  members  to 
agree  upon  a  certain  measure  for  the  sake  of  party  in- 
terests. In  this  way  a  more  or  less  consistent  policy 
may  be  carried  out.     The  power  of  the  majority  may 


Procedure  in  Congress  175 

also  be  seen  at  work  in  the  committees.  The  majority  of 
a  committee  sometimes  frames  a  bill  without  consulta- 
tion with  the  minority  members.  The  latter  are  called 
in  when  the  measure  is  complete,  and  their  views  are 
given  a  hearing,  but  they  really  have  no  voice  in  the 
matter.  They  may,  however,  present  a  minority  report 
to  the  House. 

A  second  force  tending  to  unify  the  action  of  the 
House  is  the  power  of  the  Speaker.*  Since  the  Speaker  The  power 
represents  the  majority,  he  is  dependent  upon  it  for  the  speaker. 
exercise  of  his  power.  But  once  elected,  this  officer  is 
regarded  as  the  leader  of  the  majority  and  his  influence 
is  very  great  in  determining  party  policy.  The  Speaker's 
power  is  exerted  in  several  ways  : 

1.  He  appoints  all  the  committees  of  the  House. 
Since  the  fate  of  bills  depends  largely  upon  committee 
action,  the  Speaker  can  influence  legislation  by  the  com- 
position of  his  committees.  He  may,  for  instance,  ap- 
point on  the  Ways  and  Means  Committee  men  whom 
he  knows  to  be  favorable  to  a  policy  in  which  he  be- 
lieves. The  Speaker  is  not  always  allowed  to  have  his 
own  way  in  the  matter,  however,  since  there  are  certain 
unwritten  rules  under  which  members  often  claim  the 
right  to  hold  positions  on  committees,  or  to  be  pro- 
moted to  chairmanships,  by  reason  of  long  service. 

2.  The  Speaker  is   chairman  of   the   Committee   on 
Bules.     It  will  be  remembered  that  bills  are  not  con- 
sidered  in  their  order  on  the  calendars.      This  com-  Committee 
mittee  decides   which   bills   shall   be   taken   up,  what 
length  of  time  shall  be  given  to  each,  and  when  each 

shall  come  to  a  vote.  It  thus  makes  a  sort  of  program 
for  each  day's  proceedings  and  so  decides  the  fate  of  a 
great  many  bills.     Of  course  the  Committee  on  Rules 

*Miss  FoUett's,  The  Speaker,  is  the  best  treatise  on  the  history  of 
this  office  and  contains  the  best  summary  of  the  Speaker's  powers. 


176 


Procedure  in  Congress 


Filibuster- 
ing. 


Count- 

Anga 

quorum. 


must  be  sustained  by  a  majority  of  the  House  ;  but  the 
House  generally  looks  to  this  committee  for  leadership. 
The  Speaker  has  the  preponderance  of  influence  on  this 
important  committee ;  hence  the  power  which  he  may 
wield  at  critical  times  is  very  great. 

3.  When  the  minority  foresee  that  they  will  be  beaten 
on  an  important  question  they  sometimes  resort  iofili- 
hustering  or  obstructive  tactics.  They  endeavor  to  delay 
action  in  the  hope  that  the  majority  will  be  driven  by 
sheer  exhaustion  to  compromise.  They  accordingly  con- 
sume time  by  making  long  speeches.  But  since  the 
Committee  on  Bules  (sustained  by  a  majority  of  the 
House)  may  fix  the  time  for  a  vote,  this  method  of  fili- 
bustering is  not  always  effective.  Again,  the  minority 
may  attempt  to  delay  action  by  making  dilatory  motiom 
(such  as  a  motion  to  adjourn)  and  then  calling  for  the 
yeas  and  nays.  Since  each  roll-call  occupies  half  an 
hour  or  more,  this  method  has  sometimes  in  the  past 
been  very  successful.  But  in  recent  years  the  Speaker 
has  been  given  authority  to  decide  when,  in  his  opinion, 
such  motions  are  intentionally  dilatory,  and  to  refuse  to 
entertain  them.  At  such  times,  therefore,  the  Speaker 
sets  aside  the  ordinary  rules  of  parliamentary  practice 
and  governs  the  House  arbitrarily ;  but  it  must  be  re- 
membered that  he  is  executing  the  will  of  the  majority. 

Speaker  Reed  used  an  effective  method  to  stop  filibustering  in 
the  5l8t  Congress,  when  the  Republican  majority  was  very  small. 
In  order  to  prevent  the  passage  of  bills,  members  of  the  minority 
would  refuse  to  vote  when  the  roll  was  called.  As  it  was  often 
impossible  to  secure  the  attendance  of  all  members  of  the  party  in 
power,  the  roll-call  would  show  less  than  a  majority  ''present." 
Hence  business  would  be  stopped  under  the  point  of  order  "  no 
quorum."  At  such  a  juncture,  Speaker  Reed  directed  the  clerk  to 
count  as  present  members  sitting  in  their  seats  who  had  not  voted. 
Thus  a  quorum  was  secured  and  bills  were  passed.  The  Supreme 
Court  has  pronounced  this  procedure  legal,  and  subsequent  Con- 
gresses have  followed  the  practice. 


Procedure  in  Congress  Yll 

4.  Much  of  the  power  given  to  the  Speaker  in  the 
ways  enumerated  would  be  useless  but  for  the  power 
of  recognition.  As  in  other  assemblies,  before  anyone  Recog- 
can  speak  he  must  be  recognized  by  the  chair.  The 
Speaker  may  recognize  whom  he  pleases,  not  necessarily 
the  one  who  first  addresses  him.  Consequently,  if  a 
member  wishes  to  push  his  bill  through  the  House,  it  is 
necessary  to  consult  the  Speaker  and  obtain  his  con- 
sent. He  will  then  be  recognized  at  the  time  agreed 
upon.  By  a  similar  arrangement  other  members  will 
secure  the  right  to  debate  the  bill.  In  the  exercise  of 
this  power,  the  Speaker  endeavors  to  be  fair,  giving 
both  sides  a  hearing  upon  important  questions.  But  at 
critical  moments  he  will  be  arbitrary,  thus  securing  the 
action  desired  by  the  majority,  against  any  efforts  of  the 
minority  to  defeat  their  will. 

Procedure  in  the  Senate  differs  from  that  in  the 
House  in  three  important  respects.  1.  The  presiding 
officer,  whether  he  be  the  Vice-President  or  the  President  comparieon 
pro  tempore,  has  much  less  power  than  the  Speaker.  He  and  House 
does  not  appoint  committees  ;  these  are  elected  by  the 
Senate,  after  the  party  in  power  has  selected  in  caucus 
the  majority  members,  and  the  opposition  party  the 
minority  members,  of  each  committee.  The  President 
of  the  Senate  is  more  impartial  in  his  recognition  of 
both  sides,  therefore  filibustering  is  easier  in  the  Senate 
than  in  the  House. 

2.  There  is  less  restriction  on  the  freedom  of  debate 
in  the  Senate  ;  consequently  important  measures  are 
passed  less  promptly  than  in  the  House. 

3.  The  Senate  has  a  higher  standard  of  decorum  than 
that  which  prevails  in  the  House.  Senators  are  ex- 
pected to  heed  carefully  one  another's  rights  and 
wishes,  and  to  avoid  extreme  exhibitions  of  party  spirit. 
The  Senate  is,  therefore,  a  more  quiet  and  orderly  body 


178 


Procedure  in  Congress 


than  the  House  ;  in  it  angry  debate  and  violent  behavior 
are  of  rare  occurrence.  In  its  methods  of  procedure 
the  Senate  is  more  deliberative  and  less  business-like 
than  the  House. 


Cabinet  Bys- 
tem  of  gov- 
erument. 


The  English 

Cabinet 

-ystem. 


In  State  legislatures  throughout  the  Union  the  method  of  pro- 
cedure is  substantially  the  same  as  that  which  we  have  seen  at  work 
in  Congress.  But  this  system,  sometimes  called  the  "  Committee 
system,"  is  found  nowhere  else.  Every  national  legislative  body 
in  the  world  except  our  Congress  works  under  the  "  Cabinet  sys- 
tem "  of  government.  This  may  be  best  seen  in  the  English  Gov- 
ernment, where  it  was  first  developed. 

The  supreme  legislature  of  England  is  Parliament,  composed 
of  the  House  of  Commons  and  the  House  of  Lords.  Although 
England  is  nominally  a  kingdom,  the  monarch  has  little  real 
authority.  The  actual  executive  is  the  Cabinet ;  at  its  head  is  the 
Prime  Minister,  who  corresponds  in  many  ways  to  our  President.  Id 
England  the  legislative  and  executive  departments  are  united ;  for 
the  members  of  the  Cabinet  must  be  members  of  Parliament,  and 
the  Prime  Minister  is  always  the  leader  of  the  political  party  that 
has  a  majority  in  the  House  of  Commons.  Nominally  the  monarch 
chooses  the  Prime  Minister,  but  in  reality  he  has  no  choice.  The 
members  of  the  Cabinet,  numbering  fifteen  or  twenty,  are  executive 
officers.  Each  presides  over  a  department  and  controls  the  admin- 
istration of  its  affairs  as  Cabinet  officers  do  in  the  United  States. 
At  the  same  time,  it  is  the  duty  of  Cabinet  ministers  to  participate 
in  the  legislation  of  Parliament:  (1)  by  framing  and  introducing  all 
important  bills,  and  (2)  by  pushing  these  bills  through  Parliament 
by  debate  and  otherwise. 

The  Prime  Minister  "  leads  **  the  majority  party  in  the  House  of 
Commons ;  or,  if  he  is  a  member  of  the  Lords,  another  Cabinet 
member  is  leader  of  the  Commons.  The  opposition  party  likewise 
has  its  leader  in  each  house.  The  "  Opposition  "  tries  to  hamper 
or  defeat  the  measures  of  the  Government. 

The  length  of  a  Congress  in  the  United  States  is  fixed  at  two 
years.  A  term  of  Parliament  may  last  seven  years,  but  Parlia- 
ment may  be  dissolved  and  a  term  ended  at  any  time.  The  way 
in  which  this  comes  about  is  the  most  essential  feature  of  Cabinet 
government.  The  Cabinet,  we  have  seen,  is  put  into  office  by  the 
majority  in  the  House  of  Commons,  and  it  will  retain  its  position  as 
long  as  it  is  sustained  by  that  majority.     If,  however,  its  policy 


Procedure  in  Congress  179 

proves  to  be  unpopular,  or  its  administration  weak,  some  of  its 
former  friends  will  withdraw  their  support.  There  may  then  be 
passed  a  vote  of  "lack  of  confidence";  or,  more  usually,  the 
Cabinet  fails  to  pass  an  important  bill  because  it  no  longer  com- 
mands sufficient  votes  in  the  House  of  Commons.  In  either  case 
the  Cabinet  resigns.  Parliament  is  dissolved,  and  a  general  election  Dissolution 
is  held  at  which  the  people  elect  new  members  of  the  House  of  ^q^  ^^' 
Commons.  In  this  new  house,  the  party  that  has  just  been  retired 
from  power  may  be  restored  if  the  people  sustain  its  policy ;  if  they 
do  not,  the  opposite  party  will  have  a  majority  in  the  House  of 
Commons  and  its  leader  will  become  Prime  Minister. 

Certain  advantages  are  claimed  for  this  system  over  the  Con- 
gressional or  Committee  system.  1.  It  is  said  that  the  party  in 
power  is  more  directly  responsible  to  the  people  because  its  tenure  Responei- 
of  office  is  not  fixed,  but  liable  to  termination  at  any  time.  "  Gov-  ^* 
ernment,"  as  the  governing  officials  are  called,  will  therefore  watch 
public  opinion  very  closely  and  try  to  avoid  all  unpopular  measures. 
Moreover,  the  people  watch  the  ministry  closely  because  they  may 
be  called  upon  at  any  time  to  approve  or  condemn  its  policy  by 
electing  a  new  House  of  Commons.  For  the  Congressional  system 
it  is  claimed  that  these  same  advantages  are  secured  by  the  fre- 
quency of  our  elections.  The  hope  of  re-election  creates  respon- 
sibility. 

2.  Under  the  Cabinet  system  the  harmony  of  the  legislative  and 
executive  departments  is  certain.  The  House  of  Lords  may  not 
agree  with  the  Commons,  but  its  power  is  very  much  less  than  the 
power  of  the  Senate  in  the  United  States.  The  Lords  may  delay, 
but  they  will  never  defeat  an  important  bill  which  the  Commons, 
backed  by  the  people,  are  determined  shall  pass.  In  the  United 
States  the  President  may  not  be  of  the  same  party  as  the  majority 
of  Congress ;  or,  being  of  the  same  party,  he  may  have  very  dif- 
ferent views.  There  will  consequently  be  friction  and  a  failure  to  Harmony, 
harmonize   the   action  of  these  two  departments.     On  the   other 

hand,  it  is  urged  that  a  Cabinet  is  undertaking  too  much  when  it  as- 
sumes both  legislative  and  executive  functions.  Attention  is  also 
called  to  the  fact  that  our  legislative  and  executive  are  not  com- 
pletely separated.  Certain  functions  are  shared  between  them. 
Moreover,  it  is  quite  customary  for  Congressmen  and  committees 
to  consult  heads  of  departments  and  other  officials  while  framing 
bills. 

3.  In  Parliament,  the  leadership  of  certain  men  is  more  clearly 


180  Procedure  in  Congress 

recognized  and  more  consistently  followed  than  in  Congress.  Con- 
sequently, the  measures  by  which  a  party  carries  out  its  policy  have 
a  certain  unity  of  purpose  and  harmony  among  themselves.  The 
Leadership.  Committee  system,  English  writers  say,  discourages  leadership,  by 
the  division  of  responsibility  for  legislation;  it  makes  possible 
poorly  constructed  and  inconsistent  laws  which  do  not  pretend  to 
be  parts  of  a  deliberate  governmental  policy.  Defenders  of  the 
Committee  system  point  to  the  unifying  influence  of  the  party  cau- 
cus and  to  the  work  of  conference  committees  in  harmonizing 
differences  between  the  houses.  Moreover,  it  is  claimed  that 
the  Speakership  furnishes  a  sufficient  element  of  leadership  and 
that  more  is  not  desirable. 


Supplementary  Questions  and  References. 

1.  From  the  Congressional  Record  one  may  learn  the 
forms  used  by  members  of  Congress  in  addressing  the  chair 
and  each  other ;  also  the  forms  of  response  used  by  the 
Speaker  and  the  President  of  the  Senate. 

2.  In  the  Congressional  Directory  will  be  found  lists  of 
the  standing  committees  of  each  house,  as  well  as  select 
and  joint  committees  ;  diagrams  of  the  city  of  Washington, 
the  Capitol  building,  and  the  floors  of  the  houses  show- 
ing the  seats  occupied  by  the  members ;  also  biographical 
sketches  of  Senators  and  Representatives. 

3.  What  difference  is  there  in  the  granting  of  recognition 
to  members  in  the  Senate  and  House?  Harrison,  This 
Country  of  Ours,  45-48. 

4.  One  way  of  accounting  for  the  large  number  of  bills 
introduced  into  Congress  is  discussed  in  Bryce,  I,  133-134 
(136-138). 

5.  What  appearance  does  the  House  of  Representatives 
make  when  at  work  ?    Bryce,  T,  138-144  (142-148). 

6.  What  are  the  relations  of  the  two  houses  of  Congress  ? 
Bryce,  I,  chapter  18. 

7.  The  veto  power.  Bryce,  I,  53-56  (58-61) ;  Cooley, 
Principles  of  Constitutional  Law,  49,  166-169. 

8.  What  is  the  importance  of  the  Speakership  of  Mr. 
Eeed  (1889-91)  ?    Follett,  The  Speaker,  116-117,  120-121, 


Procedure  in  Congress       ^  181 

9.  What  is  meant  by  the  "Speaker's  list?"  Follett, 
251-253. 

10.  How  are  obstructive  tactics  carried  on  ?  Alton, 
Among  the  Law  Makers,  chapter  20. 

11.  Why  is  there  little  debate  in  the  House  of  Representa- 
tives?    Wilson,  Congressional  Government,  72-73,  86-102. 

12.  Compare  the  Speaker  of  the  House  of  Representa- 
tives with  the  Speaker  of  the  House  of  Commons.  Bryce, 
I,  134-137  (138-141). 

13.  The  best  descriptions  of  Congressional  procedure  are 
found  in  Bryce,  I,  chapters  10-16  ;  Wilson,  Congressional 
Government,  chapters  1,  2,  4  ;  Follett,  The  Speaker  ;  Mc- 
Conachie,  Congressional  Committees.  See  also  Reed,  Ob- 
struction in  the  National  House  of  Representatives,  N. 
Am.  Rev.,  149  :  421-428  ;  Reed,  Reforms  Needed  in  the 
House,  N.  Am.  Rev.,  150  :  537-546  ;  Mitchell,  How  a  Law  is 
Made,  N.  Am.  Rev.,  159  :  537-544. 

14.  On  the  powers  of  the  Speaker,  see  Forum,  23 :  343-350  ; 
Atl.  Mo.,  64  :  64-73;  N.  Am.  Rev.,  151  :  385-398;  Arena, 
22  :  653-666  ;  Reed,  Limitations  of  the  Speakership,  N. 
Am.  Rev.,  150  :  382-389  ;  Carlisle,  N.  Am.  Rev.,  150  :  390- 
399 ;  Hart,  Essays  on  American  Government,  chapter  1, 
The  Speaker  as  Premier. 

15.  The  English  Cabinet  system  is  best  treated  in 
Bagehot,  The  English  Constitution  ;  Wilson,  The  State. 
See  also  Scribner's  Mag.,  14  :  593-600  ;  Arena,  2  :  581-587 ; 
Harper's  Mag.,  95  :  110-128  ;  205-224  ;  88  :  34-51  ;  686-692  ; 
Outlook,  61  :  519-529  ;  N.  Am.  Rev.,  157  :  215-224. 

16.  For  comparisons  of  the  Cabinet  and  Committee  sys- 
tems consult  Bagehot,  84-100  ;  Bryce,  I,  144-149,  150-152, 
165-170,  280-290  (147-153,  154-156,  168-173,  286-297)  ;  Wil- 
son, Congressional  Government,  72-73,  86-102,  115-124, 
318-324  ;  Fiske,  the  Critical  Period  of  American  History, 
289-300  ;  N.  Am.  Rev.,  158  :  257-269  ;  159  :  225-234  ;  161  : 
740-752  ;  162  :  14-20  ;  164  :  625-633  ;  170  :  78-86  ;  Atl.  Mo., 
57  :  543-553  ;  65  :  766-773. 


CHAPTER  XVn 


NATIONAL  FINANCES 


FinanceH  of 
the  Confed- 
eration. 


Article  I, 
section  8, 
clause  1. 


Section  9, 
clauses. 


Nothing  revealed  more  completely  the  fatal  weakness 
of  the  government  under  the  Articles  of  Confederation 
than  its  failure  to  exercise  effectively  the  power  of  taxa- 
tion. While  the  Articles  provided  that  the  expenses  of 
the  general  government  should  be  paid  out  of  a  com- 
mon treasury  "which  shall  be  supplied  by  the  several 
States,"  the  taxes  were  to  be  "  laid  and  levied  by  the 
authority  and  direction  of  the  legislatures  of  the  several 
States."  In  practice,  each  State  contributed  as  much 
or  as  little  as  it  pleased.  The  general  government  made 
"  requisitions  "  upon  the  States  for  certain  amounts,  but 
it  had  no  means  of  compelling  the  legislatures  to  raise 
their  quotas.  The  failure  of  the  efforts  that  were  made 
to  amend  the  Articles  so  as  to  give  Congress  power  to 
levy  import  duties,  marks  the  complete  break-down  of 
the  government's  finances.  There  was  needed  a  system 
under  which  the  National  authority  might  be  exerted 
directly  upon  the  individual  citizens,  without  the  inter- 
vention of  State  authority.  This  was  secured  by  the 
following  clause  of  the  Constitution. 

The  Congress  shall  have  power  to  lay  and  collect  taxes, 
duties,  imposts  and  excises,  to  pay  the  debts  and  provide 
for  the  common  defense  and  general  welfare  of  the  United 
States;  hut  all  duties,  imposts  and  excises  shall  be  uniform 
throughout  the  United  States, 

Coupled  with  this  grant  of  power  was  a  prohibition  : 

No  tax  or  duty  shall  be  laid  on  articles  exported  from 
any  State, 

183 


National  Finances  183 

The  forms  of  taxation  most  employed  by  the  National 
government  are  known  as  duties  *  and  excises.  The  duties 
which  Congress  is  empowered  to  levy  are  taxes  on  goods 
imported  into  the  country.  The  collection  of  duties  takes 
place  at  custom  houses  situated  at  the  "  ports  of  entry." 
There  are  more  than  one  hundred  and  fifty  ports  of 
entry  distributed  throughout  the  United  States;  the 
greater  part,  though  not  all,  are  seaport  cities.  Each 
custom  house  is  in  charge  of  a  collector.  Duties  are  of 
two  kinds,  specific  and  ad  valorem.  Specific  duties  are  Kinds  of 
fixed  amounts  levied  on  certain  units  of  measurement  of 
commodities,  as  the  pound,  yard,  or  gallon.  For  ex- 
ample, under  the  tariff  law  of  1897  the  duty  on  tin  plate 
was  one  and  one-half  cents  for  each  pound.  Ad  valorem 
duties  are  levied  at  a  certain  rate  per  cent,  on  the  value 
of  the  articles  taxed.  The  law  of  1897  laid  a  duty  of  50 
per  cent,  on  cotton  gloves.  On  some  articles  both  kinds 
of  duties  are  collected  ;  under  the  law  just  mentioned, 
the  duties  on  tapestry  Brussels  carpets  were  28  cents 
per  square  yard  and  40  per  cent,  ad  valorem  in  addition. 

At  New  York,  where  by  far  the  largest  part  of  our  importations 
are  entered,  two  thousand  officers  and  clerks  are  employed  in  the 
custom  house.  The  method  of  collecting  duties  may  be  briefly  The 
described.  When  goods  are  purchased  in  a  foreign  country,  an  in-  of'duties! 
voice  of  them,  stating  descriptions  and  prices,  is  filed  with  the 
United  States  consul  f  in  the  district  where  the  purchase  is  made. 
The  consul  sends  a  copy  of  the  invoice  to  the  officials  of  the  custom 
house  at  the  port  of  entry  to  which  the  goods  are  shipped.  Upon 
their  arrival  in  the  United  States,  the  cases  are  opened  and  the 
goods  are  examined  to  see  that  they  correspond  in  amount  and 
prices  to  the  invoice  record.  If,  in  the  judgment  of  the  custom 
house  appraisers,  the  goods  are  valued  too  low,  the  valuation  will 
be  raised.  In  case  of  great  undervaluation,  a  fine  is  imposed,  and 
in  extreme  cases  the  goods  are  confiscated. 

*  "  The  terms  duties  and  imposts  are  nearly  synonymous."    Cooley, 
Principles  of  Constitutional  Law,  54. 
t  See  pages  286,  387. 


184 


National  Finances 


G^oods  in 
bond. 


Smuggling. 


TarifE  laws. 


If  an  importer  does  not  wish  to  sell  his  goods  immediately,  they 
may  be  stored  in  a  "  bonded  warehouse  "  which  is  under  the  super- 
vision of  Government  officials.  The  owner  agrees,  under  bond,  to 
withdraw  the  goods  and  pay  the  duties  (or  else  to  export  the  goods) 
within  three  years.  By  a  similar  arrangement,  goods  may  be 
shipped  "  in  bond  "  from  a  port  of  entry  to  a  "  port  of  delivery." 

Passengers  on  steamships  coming  from  foreign  countries  are  re- 
quired to  declare  what  dutiable  goods  they  have  among  their  bag- 
gage. Upon  landing,  their  baggage  is  examined ;  trunks  and  valises 
are  opened,  and  in  suspected  cases  the  persons  of  travellers  are 
searched  for  concealed  dutiable  goods.  The  temptation  to  under- 
valuation and  to  smuggling,  in  order  to  escape  this  form  of  taxation, 
is  so  great  that  constant  vigilance  is  necessary  at  custom  houses 
and  along  the  borders  of  the  United  States  to  prevent  these  frauds. 
Special  agents  and  revenue  cutters  are  employed  to  detect  viola- 
tions of  the  law. 

A  schedule  of  rates  of  duties  is  called  a  tariff.  It  is 
evident  that  the  importer  adds  the  amount  paid  as  a 
duty  to  the  price  of  an  imported  article  when  he  sells  it. 
If  a  higher  price  is  caused  in  this  way,*  this  may  deter 
importation  and  encourage  the  production  of  such  arti- 
cles in  this  country.  Consequently,  high  rates  of  duties 
may  have  a  decided  influence  upon  the  industries  of  a 
country.  When  tariff  rates  are  fixed  without  reference 
to  the  way  in  which  they  may  affect  industries,  we  have 
a  "tariff  for  revenue ; "  the  sole  object  in  view  is  the 
raising  of  a  certain  amount  of  revenue.  In  a  ''protec- 
tive tariff  "  law,  on  the  other  hand,  the  rates  are  fixed  with 
the  purpose  of  encouraging  certain  industries  ;  they  are 
made  so  high  that  it  will  be  less  profitable  to  import  the 
articles.  The  question.  Which  tariff  policy  is  the  wiser  ? 
has  been  one  of  the  leading  issues  in  National  politics 
during  the  greater  part  of  our  history. 

The  United  States  has  entered  into  "  reciprocity  treaties "  with 
various  countries  for  securing  the  reduction  of  tariff  rates.     Each 

*  It  may  happen  that  the  foreign  producer  will  lower  his  prices  suf- 
ficiently to  counterbalance  the  effect  of  the  duty  in  this  country. 


National  Finances  185 

country  agrees  to  admit  certain  products  of  the  other  country  at  re- 
duced rates,  or  free  of  duty.    These  are  commodities  in  the  produc-    Reciprocity, 
tion  of  which  there  is  little  or  no  competition  between  the  parties 
to  the  treaty. 

The  tariff  law  of  1897  provided  that  when  a  foreign  country  pays 
a  bounty  of  a  certain  amount  on  the  exportation  of  a  production 
which  is  imported  into  the  United  States  in  competition  with  our   Counter- 
own  production,  the  Secretary  of  the  Treasury  is  instructed  to  raise    duties^ 
the  duty  on  that  article.     This  is  called  a  "countervailing"  duty. 
In  1901  such  a  duty  was  applied  to  sugar  imported  from  Russia. 

Excises  are  taxes  levied  on  the  manufacture  and  sale 
of  commodities.  It  is  customary  to  speak  of  these  taxes 
as  "internal  revenue."  Liquors  and  tobacco  are  the  The  inter- 
most  common  objects  of  excise  taxation.*  Besides  system.^"*^^ 
these,  the  National  government  taxes  snuff,  opium,  oleo- 
margarine, filled  cheese,  mixed  flour,  and  playing  cards. 
This  was  the  list  of  articles  yielding  internal  revenue 
before  additional  taxation  became  necessary  to  pay  the 
expenses  of  the  Spanish- American  War.  Besides  in- 
creasing   the    liquor    and    tobacco    taxes,    the   law   of  The  taxes 

of  1898 

1898  greatly  enlarged  the  scope  of  the  internal-revenue 
system.  The  chief  additional  items  included  were  taxes 
on  bankers  and  brokers,  billiard  rooms,  and  legacies,  and 
those  on  proprietary  articles  and  legal  documents. f 
Under  this  law,  the  internal-revenue  receipts  increased 
from  1170,000,000  in  1898  to  $273,000,000  in  1899. 
The  56th  Congress,  before  its  adjournment  in  1901,  re- 
pealed some  of  the  documentary  taxes,  such  as  the  taxes 
on  bank  checks,  telegraph  and  telephone  messages,  and 
express  receipts,  and  reduced  the  taxes  on  beer  and 

*  Taxes  are  levied  not  only  upon  the  liquors  themselves  but  upon  the 
business  of  brewing  and  rectifying ;  of  selliug  by  wholesale  and  by  retail ; 
of  manufacturing  stills ;  and  upon  the  stills  themselves.  A  list  of  these 
taxes  may  be  obtained  from  the  collector  of  any  internal -re  venue  district. 

t  The  documentary  taxes  are  similar  to  those  imposed  by  Parliament 
in  the  Stamp  Act  of  1765.  They  were  also  levied  by  our  government 
during  the  Civil  War. 


186 


National  Finances 


tobacco.  A  little  less  than  one-half  of  the  new  taxes 
imposed  in  1898  were  removed  at  this  time,  and  the 
remainder  by  the  next  Congress  in  1902. 


r'ol  lection 
of  excise 


rorms  of 

excise 

taxes. 


The  collection  of  excise  taxes  is  supervised  by  the  Commissioner 
of  Internal  Revenue,  who  is  the  head  of  a  bureau  in  the  Treasury 
Department,  There  are  more  than  sixty  revenue  districts  in  the 
United  States,  with  a  collector  as  the  chief  official  in  each.  This 
officer  is  responsible  for  the  proper  enforcement  of  the  laws  in  his 
district;  special  agents  are  employed  by  the  bureau  to  examine 
into  suspected  cases  of  fraud.*  The  greater  number  of  these  taxes 
are  paid  by  the  purchase  of  stamps  which  must  be  affixed,  in  the 
proper  denominations,  to  the  article.s  taxed.  When  a  license  fee  is 
required  for  carrying  on  an  occupation,  the  purchase  and  display 
of  a  certificate  secures  the  enforcement  of  the  law.  Distilleries  are 
under  the  supervision  of  government  "  store-keepers,"  who  inspect 
and  record  each  step  in  the  manufacture  of  spirits.  A  ganger 
measures  the  contents  of  each  package  and  affixes  the  stamps. 
In  the  manufacture  of  fermented  liquors,  proprietary  articles, 
and  tobacco,  however,  the  manufacturers  themselves  affix  the 
stamps. 

The  first  internal-revenue  law,  that  of  1791,  taxing  the  produc- 
tion of  distilled  spirits,  was  a  part  of  Hamilton's  financial  policy. 
In  western  Pennsylvania  it  caused  violent  opposition,  known  as  the 
Whiskey  Rebellion.  By  laws  of  1794  and  1796,  carriages,  chariots, 
and  coaches  of  various  kinds  were  taxed  at  amounts  ranging  from 
$2  to  $15  each.  Other  excise  taxes  enacted  at  different  times  may 
be  briefly  mentioned  :  1794,  upon  all  sales  at  auction ;  1813,  upon 
sugar  refined  in  the  United  States,  and  legal  instruments ;  1815,  upon 
pig  iron,  nails,  candles,  paper  and  leather  manufactures,  playing 
cards,  hats,  umbrellas,  saddles  and  bridles,  boots,  shoes,  household 
furniture,  and  watches.  The  taxes  of  1815  were  not  collected  after 
1817.  In  1862,  besides  increased  taxes  upon  liquors  and  tobacco, 
license  taxes  were  imposed  upon  persons  or  corporations  carrying 
on  trade,  and  upon  a  vast  number  of  manufactured  articles.  Cor- 
porations paid  taxes  upon  gross  receipts  and  dividends. 


We  must  now  direct  our  attention  to  the  very  impor- 
tant constitutional  provision  that  "all  duties,  imposts 

*  "  Moonshiners "  who  run  illicit  stills  are  numerous  in  the  remote 
xnoimtainous  districts  of  the  Southern  States. 


National  Finances  187 

and  excises  shall  be  uniform  throughout  the  United 
States."  The  justice  of  this  rule  is  evident.*  The 
rates  must  not  vary  at  different  ports  of  entry  and  in 
the  various  collection  districts  of  the  country.  A  duty  Uniformity 
is  called  an  indirect  tax,  because  the  one  who  pays  it 
adds  the  amount  to  the  price  of  the  commodity  upon 
which  it  is  levied.  The  consumer  of  the  imported  ar- 
ticle, therefore,  pays  the  tax  in  reality,  but  he  pays  it  in- 
directly to  the  government.  This  is  true,  also,  of  most 
excise  taxes,  such  as  those  upon  liquors  and  tobacco. 
Taxes  which  cannot  be  shifted  in  this  way  are  commonly 
called  direct.  Now,  the  Constitution  uses  the  term  "  di- 
rect taxes,"  but  the  distinction  between  direct  and  in- 
direct taxes  which  we  have  just  noted  has  not  been  fol- 
lowed in  Constitutional  interpretation.  It  is  evident 
that  the  tax  on  carriages,  for  instance,  could  not  be  constitu- 
shif  ted  ;  yet  the  Supreme  Court  decided,  in  1796,  that  for  the  im- 
this  was  not  a  direct  tax.  It  was  imposed  uniformly  taxes?"  ^ 
throughout  the  United  States.  According  to  this  de- 
cision, consistently  followed  until  1895,  the  only  taxes 
that  were  *'  direct,"  in  the  Constitutional  sense,  were 
poll  or  capitation  taxes  (that  is,  those  assessed  on  in- 
dividuals) and  taxes  on  land.  Consequently,  many 
forms  of  taxes  enumerated  in  the  discussion  of  the 
internal-revenue  system,  although  direct  in  the  pop- 
ular, or  economic,  sense,  are  indirect  from  a  legal 
stand-point ;  the  rule  of  uniformity,  therefore,  applies 
to  them. 

The  Constitutional  rule  regarding  the  imposition  of 
direct  taxes  is  twice  stated. 

Bepresentatives  and  direct  taxes  shall  he  apportioned  Article  i, 
among  the  several  States  .  .  .  according  to  their  re-  clauses.' 
spective  numbers.    .     .     . 

*The  question  of  its  application  to  the  insular  possessions  of  the 
United  States  is  discussed  in  Chapter  XXVIIL 


188  National  Finances 

Section  9,  No  capUatiou,  or  other  direct,  tax  shall  he  laid  unless 

clause  4. 

%n  proportion  to  the  census  or  enumeration  hereinbefore 
directed  to  he  taken. 

We  have  seen  how  this  rule  became  a  part  of  the  Con- 
stitution as  one  of  the  compromises  necessary  to  secure 
its  acceptance.  Direct  taxes  have  been  levied  and  ap- 
portioned among  the  States  by  Congress  several  times  ; 
but  it  is  not  likely  that  another  such  tax  will  be  enacted 
under  the  present  Constitutional  rule.  This  is  because 
the  sectional  inequalities  in  population  do  not  corre- 
spond with  inequalities  in  wealth  {i.e.,  ability  to  pay  the 
tax).  The  more  populous  States  are  also  the  more 
wealthy,  but  the  per  capita  wealth  is  much  greater 
there  than  in  those  States  where  population  is  less 
dense.  Consequently,  in  the  agricultural  States  of  the 
South  and  West,  the  burden  of  taxation  would  be  un- 
justly heavy. 

In  1798  Congress  levied  a  direct  tax  of  two  million  dollars  and 
apportioned  it  among  the  States  in  proportion  to  their  population. 
The  objects  taxed  were  houses,  land,  and  slaves,  and  the  collection 
was  made  by  Federal  officers.  In  1813,  when  another  direct  tax  of 
three  million  dollars  was  levied,  the  same  objects  were  taxed,  but 
History  of  the  law  provided  that  each  State  might  assume  and  collect  its  own 
direct  taxes,  quota.  A  similar  provision  was  included  in  the  law  of  1815,  levying 
a  direct  tax  of  six  million  dollars,  but  most  of  the  States  did  not 
avail  themselves  of  the  privilege.  The  direct  tax  of  1861  (twenty 
million  dollars)  was  apportioned  among  the  States  and  levied  upon 
land  alone.  All  but  a  few  of  the  States  that  paid  the  tax  collected 
it  by  their  own  officers.  It  was  not  possible  to  collect  this  tax  in 
many  of  the  southern  States,  so  in  1891  the  amounts  that  the  other 
States  had  paid  were  refunded  to  them. 

Income  taxes  constituted  an  important  feature  of  the 
internal-revenue  system  that  was  put  into  operation 
during  the  Civil  War.     In  each  of  the  several  laws  en- 


National  Finances  189 

acting  these  taxes,  provision  was  made  for  the  exemp- 
tion from  taxation  of  a  small  income,  as  $800  at  first, 
and  later,  $600.  For  incomes  above  these  figures,  the 
rates  were  generally  made  progressive;  for  example,  the 
law  of  1862  taxed  incomes   above  $600  and  less  than  income 

taxes 

$5,000  at  the  rate  of  5  per  cent.,  those  from  $5,000  to 
$10,000,  7|  per  cent.,  and  those  above  $10,000,  10  per 
cent.     These  taxes  were  repealed  after  1872. 

It  will  be  noticed  that  Congress  treated  these  income 
taxes  as  indirect,  making  the  rates  uniform  throughout 
the  United  States.  This  was  in  accordance  with  judicial 
decisions,  which  made  all  taxes,  except  those  on  persons 
and  land,  subject  to  this  rule. 

Following    these    precedents.  Congress    enacted,  in 
1894,  an  income-tax  law  providing  that  all  incomes  over 
$4,000   should  pay  a  tax   of  2  per  cent,   on  the   ex-  Law  of 
cess  above  that  amount.     The  following  year,  contrary  ciared  un- 
to  all   former  decisions  in  which  the  meaning  of  the  tionai. 
words  "  direct  tax  "  had  been  determined,  that  term  was 
declared  by  the  Supreme  Court  to  include  such  income 
taxes  as  were  levied  by  the  law  of  1894.     Consequently, 
since  Congress  had  not  determined  the  total  amount  to 
be  collected  and  apportioned  it  among  the  States  ac- 
cording to  their  population,  this  law  was  declared  un- 
constitutional. 

Legacy,  or  inheritance,  taxes  were  included  in  the 
revenue  measures  of  the  Civil  War  period,  but  they 
were  repealed  soon  after  its  close.  This  form  of  tax- 
ation was  revived  by  the  law  of  1898.  Inheritances  Legacy 
are  divided  into  four  classes,  according  to  the  degree 
of  relationship  between  the  decedent  and  the  inher- 
itor; the  rates  increase  as  the  relationship  becomes 
more  distant. 

We  have  now  reviewed  the  various  forms  of  taxation 
employed  by  the  National  government  to  secure  revenue. 


190 


National  Finances 


Article  I, 
section  7, 
clause  1. 


Revenue 
bills  in 
Congress. 


National 
oxpendi- 
Lures. 


In  the  enactment  of  laws  that  impose  taxes,  Congress  is 
governed  by  the  Constitutional  provision  that 

All  bills  for  raising  revenue  shall  originate  in  the  House 
of  Representatives ;  hut  the  Senate  may  propose  or  concur 
with  amendments  as  on  other  bills. 

The  framing  of  revenue  bills  is  entrusted  to  the  most 
important  House  committee,  that  on  Ways  and  Means. 
Their  bills  are  frequently  known  by  the  name  of  the 
chairman  of  the  committee.  In  the  Senate  the  Finance 
committee  considers  and  recommends  amendments  to 
bills  for  raising  revenue.  These  important  measures,  as 
finally  passed,  are  in  most  cases  the  result  of  compro- 
mises between  the  two  houses,  arranged  by  conference 
committees. 

We  have  seen  that  the  collection  of  National  taxes  is 
accomplished  by  an' army  of  Federal  officials  whose  juris- 
diction extends  into  every  corner  of  the  country.  We 
have  seen  that  the  objects  of  taxation  are  very  numer- 
ous, so  that  every  individual  aids,  directly  or  indirectly, 
in  the  support  of  the  National  government.  The  ease 
with  which  our  immense  revenue  is  raised  seems  mar- 
vellous to  citizens  of  the  Old  World  countries,  where 
conditions  of  life  are  harder.  Indeed,  so  great  have 
been  the  ability  and  the  willingness  of  the  people  to 
bear  these  burdens  that  the  National  government  has 
more  than  once  been  embarrassed  by  an  excess  of 
revenue.  Under  these  conditions  it  is  not  surprising 
that  laxity  ixi  making  expenditures  has  been  common 
and  that  great  extravagance  and  wastefulness  have  fre- 
quently resulted. 

In  Congress,  appropriation  bills,  that  is,  bills  provid- 
ing for  the  expenditure  of  public  money,  may  originate 
in  either  house  ;  but  the  important  general  appropriation 
bills  originate  in  the  House  of  Eepresentatiyes.  These 
"bills  are  really  framed  by  the  committees  to  which  they 


public  debt 


National  Finances  191 

are  referred,  and  are  based  upon  estimates  furnished  by 
the  various  executive  departments.  For  this  reason 
there  is  some  adjustment  possible  between  the  financial 
needs  of  the  government  and  the  amount  of  taxes  levied. 
But  still,  the  independence  of  the  legislative  (or  tax 
creating)  and  executive  (or  tax  spending)  departments 
of  our  government  makes  the  fitting  of  revenue  to  ex- 
penditures a  difficult  matter,  and  in  practice  many  errors 
are  committed. 

When  the  ordinary  revenues  of  a  government  are  not 
sufficient  to  pay  its  expenses,  recourse  must  be  had  to 
additional  taxation,  or  to  borrowing,  or  to  both  of  these  The 
measures  at  once.  The  borrowing  of  money  is  not 
essentially  different  from  the  levying  of  taxes,  since  it 
but  postpones  the  time  when,  by  taxation,  the  obligation 
must  be  met.  This  procedure  is  justifiable  because  the 
burden  of  National  expense  for  certain  purposes  (as  for 
defence)  may  well  be  rested  upon  more  than  one  gener- 
ation of  citizens.  Accordingly,  among  its  other  financial 
powers  Congress  possesses  authority 

To  borrow  money  on  the  credit  of  the  United  States.  Section  8, 

Money  is  borrowed,  ordinarily,  by  the  sale  of  bonds. 
These  are  of  the  same  nature  as  the  promissory  notes 
by  which  individuals  obtain  loans.  National  bonds  National 
state  the  promise  of  the  United  States  to  pay  a  certain 
amount,  at  a  stated  time,  with  interest.  A  "registered  " 
bond  contains  the  name  of  the  owner,  and  this  is  a  mat- 
ter of  record  at  the  Treasury  Department.  When  this 
bond  is  transferred,  the  record  must  be  changed. 
"  Coupon'*  bonds  are  usually  payable  to  bearer ;  they 
have  attached  to  them  a  number  of  coupons  equal  to  the 
number  of  interest  payments  due  during  the  term  of 
the  bond. 

United  States  bonds  have  been  issued  in  various  denominations, 
ranging  from  twenty  dollars  to  fifty  thousand  dollars  each.     The 


192 


National  Finances 


Eii^s  of 
bonds. 


The  sale 
of  bonde. 


Redemp- 
tion. 


Refunding 
operations. 


The  public- 
debt 
statement. 


term  of  a  bond  is  not  always  a  fixed  number  of  years.  Some  of 
the  Civil  War  bonds  were  payable  at  the  option  of  the  government 
after  five  but  within  twenty  years  from  the  date  of  iaeue.  These 
were  called  "five-twenty's"  (5/20'8).  The  bonds  issued  in  1898, 
to  obtain  money  for  the  Spanish  War  expenses,  were  "  ten- 
twenty's." 

There  are  two  ways  of  negotiating  the  sale  of  bonds.  The 
government  may  fix  its  price  and  sell  to  all  buyers  on  the  same 
terms.  Or,  the  total  amount  of  money  to  be  raised  may  be  deter- 
mined, and  then,  by  negotiation  with  bankers  or  capitalists,  the 
government  may  secure  the  best  terms  that  it  can.  After  being 
issued.  National  bonds  are  either  held  by  individuals  and  corpora- 
tions as  investments,  or  they  become  the  objects  of  trade  and  spec- 
ulation, being  bought  and  sold  by  bankers  and  brokers  on  the  stock 
market.  Their  values  fluctuate  somewhat  and  are  subject  to  daily 
quotation.  If  a  bond  sells  for  its  face  value  it  is  at  *'  par."  Bonds 
quoted  at  117  are  at  a  ''premium";  that  is,  they  bring  $117  for 
every  $100  of  their  face  value.  Those  quoted  at  98  are  at  a  "  dis- 
count." When  bonds  fall  due,  the  government  "  redeems  "  them 
at  their  face  value.  Or,  they  may  be  continued  at  a  lower  rate  of 
interest.  A  large  amount  of  five  per  cent,  bonds  that  were  due  in 
1881  were  continued,  by  agreement,  at  three  and  one-half  per  cent., 
and  some  that  fell  due  in  1891  were  continued  at  two  per  cent. 
Provision  is  made  by  law  for  the  purchase  of  bonds  by  the  govern- 
ment before  they  are  due.  For  this  purpose,  the  Secretary  of  the 
Treasury  is  authorized  to  use  a  portion  of  the  National  revenues ; 
this  is  called  a  "  sinking  fund."  There  is  still  another  way  in  which 
the  burden  of  our  National  debt  has  been  decreased.  Soon  after 
the  time  when  the  5/20  Civil  War  bonds  became  payable  at  the 
option  of  the  government,  the  holders  were  given  the  privilege  of 
choosing  whether  their  bonds  should  be  redeemed,  or  be  exchanged 
for  new  ones,  of  the  same  amounts,  at  lower  rates  of  interest.  The 
latter  alternative  was  accepted  for  many  hundreds  of  millions  of 
our  bonds ;  so  the  burden  of  interest  was  reduced  from  six  per  cent, 
to  five,  four  and  one-half,  and  later  to  four  per  cent.  This  opera- 
tion was  called  refunding  the  debt. 

The  "  Statement  of  the  Public  Debt,"  issued  monthly  by  the 
Treasury  Department,  summarizes  our  National  debt  under  three 
heads :  the  interest-bearing  debt,  the  debt  on  which  interest  has 
ceased  since  maturity,  and  the  debt  bearing  no  interest.  The  first 
pf  tbes^  includes  by  far  the  largest  part  of  our  National  indebt 


National  Finances 


193 


edness.     For  the  month   of  February,  1904,  the  principal  items 
stood  thus : 

iNTBRBST-BEARINa  DBBT. 


Title  of  Loan. 

Rate. 

When 
Issued. 

When  Redeemable. 

Outstanding 
Feb.  29,  1904. 

(1)  Consols  of  1930 

(2)  Loan  of  1908-1918.... 

(3)  Funded  Loan  of  1907. . 

(4)  Refunding  Certificates 

(5)  Loan  of  1925. 

2  percent.. 

3  per  cent. . 

4  per  cent. . 
4  per  cent. . 
4  per  cent. . 

1900 

1898 

1877-1879. . 

1879 

1895-1896. . 

AfterApril  1,1930.... 
After  August  1,  li)08. . . 
After  July  1,  1907 

After'  February  iV  1925  \ 

$542,909,950  00 

77,135,360  00 

156,591,500  00 

29,990  00 

118,489,900  00 

$895,156,700  00 

Aggregate  of  Interest- 
oearing  Debt  

(1)  The  term  "  consols  "  is  borrowed  from  England,  and  is  used 
when  a  number  of  loans  have  been  consolidated.  The  finance  law 
of  1900  allowed  the  exchange  of  the  three,  four,  and  five  per  cent, 
bonds  for  new  two  per  cent,  bonds  running  until  1930. 

(2)  This  was  the  loan  authorized  to  meet  the  expenses  of  the 
Spanish-American  War.  These  three  per  cent,  bonds  were  sold 
at  par. 

(3)  The  refunding  operations  of  1877-1879  account  for  this  item 
of  the  debt. 

(4)  The  refunding  certificates  constituted  in  reality  a  round- 
about way  of  refunding.     See  Finance  Reports,  1899,  cvi. 

(5)  This  loan  was  made  to  obtain  gold  with  which  to  redeem 
paper-money  obligations  (see  p.  216). 

Money  has  been  borrowed  by  the  government  in  other  ways  than 
by  selling  bonds,  as  by  the  issue  of  certificates  of  indebtedness  and 
Treasury  notes.  These  were  not  essentially  different  from  bonds, 
but  they  were  usually  of  smaller  denominations  and  ran  for  shorter 
terms.  In  some  cases  Treasury  notes  circulated  as  money ;  these 
are  not  now  in  existence  and  should  not  be  confused  with  the  Treas- 
ury notes  of  1890  (see  p.  215).  In  some  aspects,  too,  the  issue  of 
the  legal  tenders  of  Civil  War  times  were  a  means  of  borrowing 
money — a  sort  of  forced  loan  from  the  people  (see  pp.  212,  213). 


Old  Treas- 
ury notes. 


Supplementary  Questions  and  References. 

1.  On  the  failure  of  the  States  to  pay  their  quotas  under 
the  Articles  of  Confederation,  see  Walker,  The  Making  of 
the  Nation,  8-12  ;  Hart,  Formation  of  the  Union,  109-111 ; 
Fiske,  Critical  Period,  104-105,  218-220. 


194  National  Finances 

2.  The  history^  of  our  numerous  tariff  acts  may  be 
studied  from  Taussig,  Tariff  History  of  the  United  States  ; 
Walker,  The  Making  of  the  Nation ;  Burgess,  The  Middle 
Period,  and  the  Civil  War  and  Reconstruction  ;  Hart, 
Formation  of  the  Union  ;  Wilson,  Division  and  Reunion. 

3.  The  rates  of  the  tariff  law  now  in  force  are  stated  in 
newspaper  almanacs.  Is  this  tariff  high,  low,  or  moderate 
in  its  rates  ? 

4.  In  the  Statistical  Abstract  will  be  found  the  list  of 
items  upon  which  duties  and  internal-revenue  taxes  were  col- 
lected, with  the  amount  yielded  by  each,  for  a  series  of  years. 

5.  What  reasons  can  you  assign  for  the  taxation  of  oleo- 
margarine, mixed  flour,  and  filled  cheese  ? 

6.  What  are  proprietary  articles  ?  At  what  rates  were 
stamp  taxes  levied  upon  them  under  the  law  of  1898? 
What  documentary  stamps  were  used  under  this  law  ?  See 
newspaper  almanacs  for  1899  and  succeeding  years.  Also 
Rev.  of  R's,  18  :  48-52. 

7.  How  are  internal -revenue  stamps  cancelled  ? 

8.  What  peculiar  conditions  made  the  Whiskey  Re- 
bellion possible  ?  Walker,  123-125 ;  Hart,  163-164  ;  Lodge, 
Alexander  Hamilton  (American  Statesmen  series),  180-184. 

9.  Why  should  carriages  have  been  taxed  in  our  early 
history  ?  McMaster,  History  of  the  People  of  the  United 
States,  II,  614-615. 

10.  Make  a  possible  example  showing  the  inequalities  that 
would  result  from  the  apportionment  of  a  direct  tax  among 
the  States  according  to  their  population. 

11.  a.  What  is  a  deficiency  bill  ?    Harrison,  This  Coun- 

try of  Ours,  58. 
&.  What  are  riders  to  appropriation  bills?    Harri- 
son, 131-132. 

12.  For  the  details  of  the  income-tax  law  of  1894,  see 
Howe,  Taxation  and  Taxes  in  the  United  States  under  the 
Internal-Revenue  System. 

13.  Question  for  debate  :  Aside  from  its  constitution- 
ality, was  the  income-tax  law  of  1894  a  just  measure? 
Forum,  17  :  1-13  ;  14-18  ;  19  :  48-56  ;  513-520 ;  521-531 ; 
N.  Am.  Rev.,  160  :  601-606. 


National  Finances  195 

14.  Statistics  answering  the  following  questions  may  be 
found  in  the  Annual  Reports  of  the  Secretary  of  the  Treas- 
ury (Finance  Reports) ;  Statistical  Abstracts ;  Abridg- 
ments of  the  President's  Message  and  Documents ;  Monthly 
Summaries  of  Commerce  and  Finance  issued  by  the  Bureau 
of  Statistics,  Treasury  Department ;  newspaper  almanacs 
and  year-books. 

{a)  What  were  the  revenues  of  the  last  fiscal  year  ?  The 
expenditures  ?  The  chief  items  under  each  head  ?  Do  you 
think  that  any,  of  the  expenditures  were  extravagant  ? 

(6)  Make  a  table  representing  revenues  and  expenditures 
for  a  series  of  years.  How  do  you  account  for  fluctua- 
tions ? 

(c)  Estimate  the  per  capita  revenues  and  expenses  for 
different  years. 

15.  The  receipts  of  the  United  States  government  for 
1791  were  $4,771,343  ;  for  the  year  1903,  $560,396,674.  (Fi- 
nance Reports,  1903,  page  1.  These  figures  do  not  include 
postal  receipts.)  Compare  the  growth  in  revenues  with  the 
growth  of  the  country  in  population  and  in  wealth.  The 
sources  of  National  revenue,  N.  Am.  Rev.,  168  :  297-309. 

16.  The  appropriations  made  by  recent  Congresses  are  as 
follows  : 

54th  Congress $1,045,000,000 

55th    *' 1,568,000,000 

56th    '*    1,440,000,000* 

57th    **    1,553,000,000 

What  reasons  are  there  for  the  growth  of  public  expendi- 
tures? Atl.  Mo.,  87  :  45-55.  See  also  Wright,  What  the 
Government  Costs,  Century  Mag.,  61  -.433-437. 

17.  Statistics  of  the  National  debt  since  the  foundation 

*  These  figures  are  larger  than  those  given  in  the  Statistical  Abstract, 
because  some  items  are  omitted  from  the  latter  ;  for  the  appropriations 
made  by  the  56bh  Congress  these  items  were  as  follows  : 

1901.  1902. 

Postal  service $113,658,000  $128,952,000 

Permanent  appropriatiouB  . .      76,503,000  71,358,000 

Sinking  fund 53,000,000  53,000,000 

Postal  deficit  (estimated) . . .       8,000,000  8,000,000 


196  National  Finances 

of  the  government  may  be  found  in  the  Finance  Reports 
and  in  newspaper  almanacs.  Make  a  chart  showing  fluctu- 
ations of  the  debt.  Account  for  the  important  changes  in 
amount. 

18.  Find  in  daily  papers  quotations  of  the  current  prices 
of  National  bonds.  How  do  you  account  for  differences  in 
their  prices  ?  How  do  the  prices  of  these  bonds  indicate 
the  Nation's  credit?  The  actual  rates  of  interest  that 
bonds  yield  may  be  calculated  by  the  use  of  "bond-value 
tables.  '*  A  set  of  these  tables,  accompanied  by  an  explana- 
tion, is  found  in  Clow,  Introduction  to  the  Study  of  Com- 
merce, Appendix  IV. 


CHAPTEB  XVm 


THE  POWER  OF   CONGRESS   OVER  COMMERCE 


In  the  conventions  that  assembled  at  Alexandria  in 
1785  and  at  Annapolis  in  1786,  commerce  was  the  most 
important  subject  discussed.  Indeed,  it  was  the  neces- 
sity for  a  better  method  of  regulating  commerce  that 
brought  about  these  meetings.  This  problem  was  one 
of  the  difficult  questions  before  the  Constitutional  Con- 
vention, and  its  solution  was  reached  only  by  compro- 
mise. The  clause  *  embodied  in  the  Constitution  was  a 
victory  for  the  advocates  of  an  efficient  National  govern- 
ment, for  Congress  was  given  power 

To  regulate  commerce  with  foreign  nations,  and  among  the 
several  States,  and  with  the  Indian  tribes. 

In  the  exercise  of  this  power,  Congress  was  made 
subject  to  two  limitations. 

No  tax  or  duty  shall  he  laid  on  articles  exported  from 
any  State. 

No  preference  shall  be  given  by  any  regulation  of  com- 
merce or  revenue  to  the  ports  of  one  State  over  those  of 
another;  nor  shall  vessels  bound  to,  or  from,  one  State  be 
obliged  to  enter,  clear,  or  pay  duties  in  another. 

In  the  regulation  of  foreign  commerce,  f  Congress 
has  enacted  measures  for  the  protection  of  shipping,  by 
the  maintenance  of  light-houses,  buoys,  and  life-saving 


Article  1» 
eection  8, 
clause  3. 


Section  9, 
clause  5. 


Section  9 
clause  6. 


*  Clauses  1  and  2  of  section  8,  Article  I,  are  discussed  under  National 
Finances,  pp.  182  and  191. 

tThe  exercise  of  this  power  was  carried  to  its  extreme  limit  in  the 
embargo  act  of  1807  and  the  non-intercourse  act  of  1809. 

197 


198      The  Power  of  Congress  over  Commerce 


Foreign 
commerce. 


Navigation 
laws. 


Tmmigra- 
^on  laws. 


stations.  The  navigation  laws  of  the  United  States  are 
also  enacted  under  this  provision  of  the  Constitution, 
Eegulations  are  prescribed  under  which  vessels  engaged 
in  foreign  commerce  "enter"  and  "clear"  ports.*  Ves- 
sels that  are  "registered"  in  the  United  States  are 
entitled  to  the  protection,  of  this  government  in  any 
part  of  the  world.  No  vessels  are  registered  except 
those  owned  by  citizens  of  the  United  States,  and  no 
foreign-built  vessel  can  be  registered,  f  The  vessels  of 
foreign  countries  may  not  engage  in  the  coasting  trade 
of  this  country.  Tonnage  duties  are  levied  upon  both 
foreign  and  American  vessels.  The  decline  of  American 
shipping  (vessels  of  our  registry  carry  only  10  per  cent, 
of  our  imports  and  exports)  has  given  rise  to  the  de- 
mand for  the  repeal  of  some  of  the  laws  mentioned 
above.  The  granting  of  ship  subsidies  by  the  National 
government  is  another  proposed  remedy.  A  bill  for 
this  purpose  was  defeated  in  the  last  session  of  the  56th 
Congress. 

By  virtue  of  its  power  over  foreign  commerce, 
Congress  regulates  immigration  into  the  United  States. 
Besides  the  Chinese,  the  following  classes  are  excluded 
from  the  country  :  convicts,  anarchists,  insane  persons, 
paupers  and  those  liable  to  become  paupers,  polyga- 
mifits,  persons  having  contagious  diseases,  and  laborers 
under  contract  or  agreement  to  perform  labor  or  service 
in  the  United  States ;  there  are  excepted  from  the  last 
class,  persons  engaged  in  the  professions  and  skilled 
laborers  employed  in  the  establishment  of  new  in- 
dustries.    The  64th  Congress  passed  a  bill  (known  as 

*See  these  terms  in  the  dictionary;  also  "entry "and  "clearance." 
Notice  that  clause  6,  quoted  above,  forbids  the  requirement  of  these 
processes  in  interstate  commerce. 

t  Congress  made  an  exception  to  this  rule  when  in  1892  it  entered  to 
our  registry  two  foreign-built  vessels,  on  consideration  that  the  company 
owning  them  build  two  vessels  of  the  same  class  in  this  country. 


The  Poiuer  of  Congress  over  Commerce      199 

the  Lodge  bill)  requiring  an  educational  test  for  immi- 
grants ;  it  was  vetoed  by  President  Cleveland. 

While  power  to  control  foreign  and  interstate  com- 
merce is  delegated  to  Congress,  the  States  still  retain 
authority  over  the  vast  volume  of  business  transacted  What  is 
entirely  within  their  limits,  which  they  regulate  abso-  commerce? 
lutely  by  their  laws  of  trade  and  transportation.  It  is 
not  easy  to  say,  in  every  case,  just  where  the  limits  of 
State  and  National  authority  lie.  The  United  States 
Courts  have  decided  that  the  State's  power  is  complete 
over  commerce  that  begins  and  ends  within  the  State 
and  does  not  materially  affect  the  commerce  that  is 
interstate  or  foreign.*  If,  however,  a  commodity  that 
is  an  object  of  commerce  starts  in  one  State,  destined 
for  another,  its  control,  throughout  its  course,  lies 
within  the  power  of  Congress. 

The  following  cases  will  serve  to  illustrate  the  manner  in  which 
the  line  is  drawn  between  National  and  State  powers  over  interstate 
commerce.  In  the  State  of  Iowa,  the  sale  of  intoxicating  liquors  as 
beverages  was  prohibited ;  but  the  United  States  Supreme  Court  held 
in  1888,  that  the  State  could  not  thereby  prevent  the  sale,  in  the 
original  packages^  of  liquors  that  had  been  shipped  into  the  State.  The  "orig* 
This  would  be  an  interference  with  interstate  commerce ;  the  au-  age^iPga^e. 
thority  of  the  State  did  not  reach  the  traffic  in  imported  liquors  until 
the  original  packages  had  been  broken.  But  Congress  took  action 
favorable  to  the  State  by  enacting  a  law  which  placed  imported 
liquors  in  the  original  package  under  State  authority  completely. 

The  Supreme  Court  decided,  in  1897,  that  those  provisions  of 
South  Carolina's  dispensary  lawf  which  forbade  residents  of  that 
State  importing  liquors  for  their  own  use,  were  an  interference  with 
interstate  commerce,  and,  consequently,  void.  X 

*  Cooley,  Constitutional  Limitations,  351.  When  the  commerce  is  in- 
terstate, and  Congress  has  not  undertaken  to  regulate  it,  the  State  may 
do  so ;  provided,  however,  that  its  action  tends  to  aid,  not  to  hamper, 
this  commerce.  But  an  act  of  Congress  will  supersede  State  laws  in  such 
a  case. 

t  See  p.  104.  J  Wines  and  Keren,  The  Liquor  Problem,  180. 


200      The  Power  of  Congress  over  Commerce 


Commerce 
by  water. 


Control  of 
commerce 
by  rail- 
roads. 


rates. 


Interstate  commerce  includes  that  which  is  carried  on 
by  water,  as  well  as  land  traffic.  So  the  coast  trade  be- 
tween the  States  lies  within  the  jurisdiction  of  Congress  ; 
also  commerce  upon  navigable  rivers.  "Wherever  a 
river  forms  a  highway  upon  which  commerce  is  con- 
ducted with  foreign  nations  or  between  States,  it  must 
fall  within  the  control  of  Congress."*  By  its  "river 
and  harbor  bills,"  Congress  appropriates  large  amounts 
annually  for  the  improvement  of  navigable  rivers. 

Since  the  development  of  the  great  railroad  systems 
of  this  country,  the  control  of  their  interstate  traffic 
has  become  a  matter  of  the  first  importance.  We  have 
already  noticed  the  fact  that  the  railroads  are  common 
carriers,!  and  are  consequently  subject  to  legal  regula- 
tion in  the  interest  of  the  public.  The  dependence  of 
the  business  world  upon  the  interstate  railroads  in- 
creased as  the  practice  of  consolidating  many  short  lines 
into  a  few  great  systems  was  developed.  These  systems, 
having  the  greater  part  of  all  interstate  commerce 
within  their  control,  began  to  unite,  by  making  agree- 
ments among  themselves,  for  the  purpose  of  carrying 
out  certain  policies.  Then  evils  appeared  from  which 
the  public  sought  relief  by  an  appeal  to  the  power  of 
Congress  over  interstate  commerce. 

One  of  the  evils  consisted  in  the  fixing  of  excessive  rates  for 
freight  and  passenger  traffic ;  railroads  that  had  formerly  been  in 
competition  with  each  other  agreed  to  maintain  these  rates.  But  it 
was  difficult  to  secure  adherence  to  these  agreements,  so  the  system 
of  "pooling  "was  resorted  to.|  Kates  were  fixed  by  each  com- 
pany independently,  but  their  earnings  were  all  turned  into  a  com- 

*Cooley,  Constitutional  Limitations,  728.  Upon  this  subject  many 
complicated  cases  have  arisen.  No  attempt  is  made  here  to  summarize 
them. 

t  See  chapter  on  Police  Powers,  p.  100. 

X  From  the  stand-point  of  the  railroads  it  seemed  necessary  to  avoid, 
in  some  way,  the  disastrous  results  of  their  "  rate  wars."  These  were  in 
many  cases  injurious  to  public  interests  also. 


The  Power  of  Congress  over  Commerce      201 

mon  pool  and  then  distributed  among  the  companies  concerned  in  Pooling, 
certain  proportions  previously  agreed  upon.  Under  this  plan  no 
member  of  the  pool  was  able  to  increase  its  earnings  by  lowering 
charges  and  thus  securing  greater  patronage.  Consequently,  the 
public  suffered,  as  previously,  from  exorbitant  charges.  In  another 
form  of  the  pool,  the  freight  itself  was  divided  among  the  railroads 
at  competitive  points,  in  certain  fixed  proportions. 

The  practice  of  making  discriminations  was  another  serious  evil.  Diecrlmina- 
When  lower  rates  were  given  to  some  patrons  than  to  others,  the  ^°^** 
former  had  an  advantage  which  enabled  them  to  outbid  their  rivals 
in  business.  There  was  discrimination  between  places  as  well  as 
between  individuals.  Goods  were  carried  to  certain  cities  at  lower 
rates  than  were  charged  from  the  same  starting  point  to  other  cities 
at  the  same  or  even  less  distances.  The  unfairness  of  such  a 
practice  is  apparent ;  they  caused  not  only  real  hardship,  but  some- 
times actual  business  disaster. 

As  a  means  of  curing  these  evils,  Congress  enacted, 

in  1887,  the  Interstate  Commerce  Act,  applying  to  all  Theinter- 

,  .      .  . .       J?    •  T_j        -1   state  Corn- 

common  carriers  engaged  m  transporting  ireignt  and  merce  Law. 

passengers  from  State  to  State.     We  shall  briefly  sum- 
marize its  provisions. 

1.  All  charges  must  be  "just  and  reasonable."  2. 
Pooling  agreements  are  prohibited.  3.  It  is  unlawful 
to  make  discriminations  by  giving  to  any  particular  per- 
son, corporation,  or  locality  an  unreasonable  advantage 
over  others.  This  includes  the  granting  of  passes  to 
others  than  railroad  employees.  4.  The  "long  and 
short  haul "  clause  makes  it  unlawful  for  a  common  car- 
rier to  charge  more  for  the  transportation  of  passengers, 
or  the  same  kind  of  freight,  over  a  shorter  than  a  longer 
distance ;  provided,  however,  that  the  transportation  is 
"under  substantially  similar  circumstances  and  condi- 
tions," over  the  same  line,  and  in  the  same  direction. 
5.  All  rates  must  be  published  and  posted  where  they 
can  be  consulted  by  any  person.  6.  The  Interstate 
Commerce  Commission  was  created  to  supervise  the 
administration  of  the  law. 


202      The  Power  of  Congress  over  Commerce 

The  Commission  consists  of  five  persons,  appointed 
by  the  President  and  confirmed  by  the  Senate.  It  re- 
ceives complaints  and  conducts  investigations  and  hear- 
ings. The  Commission  receives  testimony  and  makes 
decisions  upon  the  cases  presented  to  it ;  but  it  lacks 
The  Inter-  the  power  to  enforce  observance  of  the  law  by  the  inflic- 
merce  c^-  tion  of  penalties.  This  can  only  be  done  by  the  ordi- 
miBBion.  jxQ.rj  legal  procedures  resulting  in  the  conviction  of  the 
accused  party  in  a  court.  Since  this  is  a  difficult  matter 
to  accomplish,  the  railroads  have  persistently  violated  the 
law  in  many  ways.  They  have  not  maintained  their  pub- 
lished rates,  but  have  been  guilty  of  discrimination  by 
"rate-cutting,  making  rebates,  underbilling,  false  weigh- 
ing, false  classification,  and  endless  other  devices."  *  In 
fact,  the  law  is  not  enforced,  and  the  Commission,  in  their 
Keport  dated  January  15,  1900,  say  that  "  the  present  law 
cannot  be  properly  enforced."  f  Yet  the  influence  of  the 
Commission  has  been  considerable.  Partly  for  this  rea- 
son and  also  because  of  the  voluntary  action  of  railroad 
authorities,  the  evils  of  interstate  commerce  have  been 
materially  lessened  since  the  enactment  of  the  law. 

Within  recent  years  the  control  of  trusts  by  both 
State  and  National  authorities  has  become  a  matter  of 
Trusts.  considerable  importance.  A  trust  is  a  combination  of 
corporations  uniting  to  secure  economy  in  the  adminis- 
tration of  an  industry  and  to  avoid  some  of  the  losses 
due  to  competitive  methods.  In  the  earlier  forms  of 
trusts,  corporations  engaged  in  the  same  business  sur- 
rendered their  powers  to  a  board  of  directors,  or 
trustees.  But  this  form  of  organization  was  declared 
illegal  in  several  States,  so  a  trust  is  generally  organized 
at  the  present  time  as  a  new  corporation,  owning  either 

*  Seventh  Annual  Report  of  the  Interstate  Commerce  Commiasion, 
1893,  p.  6. 
t  Thirteenth  Annual  Report,  1899,  p.  5. 


The  Power  of  Congress  over  Commerce      203 

the  stock  or  the  property  of  its  constituent  members. 
The  trust  secures  a  charter  in  a  State  where  the  condi- 
tions are  favorable*  and  then  may  carry  on  business  in 
any  State  of  the  Union.  Since  those  who  form  a  trust 
hope  to  secure  control  of  the  market  for  the  commodity 
produced  or  handled,  their  action  frequently  tends  to  state 
create  a  monopoly.  Now,  the  common  law  forbids  any 
unreasonable  restraint  of  trade ;  and  in  a  majority  of 
the  States,  statutes  have  been  enacted,  or  constitutional 
provisions  adopted,  specifically  prohibiting  such  com- 
binations as  trusts  when  they  tend  to  destroy  competi- 
tion, control  prices,  or  limit  production. 

Congress  has  also  taken  action  in  this  matter.     The 
Anti-trust  Law  of  1890  makes  illegal  any  combination  in  TheFederaJ 
restraint  of  trade  or  commerce  among  the  several  States  Law. 
or  with  foreign  nations.     The  enforcement  of  this  law 
has  given  rise  to  many  interesting  cases. 

In  connection  with  the  Chicago  strike  of  1894,  the  Supreme 
Court  held  that  the  Anti-trust  Law  forbade  not  only  combinations  of 
capital,  but  combinations  of  labor  as  well,  if  they  were  in  restraint 
of  interstate  commerce,  f  It  has  been  decided  that  a  trust  engaged 
in  the  business  of  refining  sugar  did  not  fall  within  the  scope  of  this 
law,  since  the  manufacturing  process  in  question  did  not  constitute 
commerce.:!:  Again,  an  agreement  among  the  railroad  companies 
of  the  Trans-Missouri  Freight  Association  to  establish  and  maintain 
rates  was  considered  a  violation  of  the  law  of  1890,  because  this 
was  a  contract  in  restraint  of  interstate  commerce  (1897).  Another 
decision,  made  in  1899,  declared  illegal  a  combination  of  iron  pipe 
manufacturers  §  who  had  made  an  agreement  not  to  compete  with 
each  other ;  but  their  action  was  illegal  only  as  to  the  sale  of  pipe 
in  interstate  business. 

*  The  laws  of  New  Jersey  and  a  few  other  States  facilitate  the  forma- 
tion of  corporations  oi  this  nature.  Most  of  the  trusts  formed  in  1899, 
with  a  total  capitalization  of  three  billion  dollars,  were  incorporated  in 
New  Jersey. 

t  The  case  of  the  United  States  vs.  Debs  et  al. 

X  Case  against  American  Sugar  Refining  Company. 

§  The  Addyston  Pipe  and  Steel  Company. 


204:      The  Power  of   Congress  over  Commerce 

The  most  important  decision  made  by  the  Supreme 
Court  upon  this  subject  was  announced  (March,  1904) 
in  the  so-called  ''  merger "  case.  The  stockholders  of 
the  Northern  Pacific  and  Great  Northern  Railroad  com- 
panies, having  practically  parallel  lines  of  road,  had 
organized  a  new  corporation,  the  Northern  Securities 
Company,  for  holding  the  shares  of  these  two  com- 
panies. Thus,  the  stockholders  of  these  two  competing 
companies  disappeared,  as  such,  for  the  moment,  but 
immediately  reappeared  as  stockholders  of  the  holding 
company,  which  was  thereafter  to  be  managed  so  that 
no  competition  would  exist.  This  arrangement  was 
brought  about  by  some  of  the  leading  railroad  financiers 
of  the  country.  The  Supreme  Court  decided  that  the 
Northern  Securities  Company  was  a  trust,  or  a  combi- 
nation in  restraint  of  interstate  commerce,  and  it  was 
therefore  declared  to  be  illegal. 

The  57th  Congress  enacted  several  interesting  laws 
relating  to  trusts.  (1)  The  sum  of  1500,000  was  appro- 
priated to  defray  the  cost  of  prosecuting  cases  against 
violators  of  the  anti-trust  law.  (2)  The  ^'anti-rebate 
law  "  provided  punishment  for  the  receiver  as  well  as  for 
the  giver  of  rebates.  (3)  The  Bureau  of  Corporations 
in  the  Department  of  Commerce  was  given  the  special 
function  of  investigating  the  records  of  corporations 
engaged  in  interstate  business,  with  a  view  to  checking 
violations  of  the  interstate  commerce  and  anti-trust 
laws. 

Supplementary  Questions  and  References. 

1.  Should  the  United  States  adopt  the  policy  of  granting 
ship  subsidies  ?  Rev.  of  R's,  21  :  325-326  ;  326-328  ;  23  : 
197-203  ;  N.  Am.  Rev.,  156  :  398-407  ;  163  :  470-478.  The 
ship  subsidies  of  other  countries  are  displayed  in  United 
States  Consular  Reports,  No.  112,  Jan.  1890. 


The  Power   of  Congress  over  Commerce     205 

2.  How  is  it  apparent  that  the  powers  of  Congress  '*  keep 
pace  with  the  progress  of  the  country ' '  ?  Cooley,  Principles 
of  Constitutional  Law,  64-65. 

3.  For  statements  of  cases  involving  the  control  of  inter- 
state commerce,  see  Cooley,  69-75. 

4.  River  and  Harbor  Bills,  N.  Am.  Rev.,  158  :  343-352. 

5.  On  the  powers  of  the  Interstate  Commerce  Commis- 
sion, see  N.  Am.  Rev.,  167  :  543-557  ;  168  :  62-76  ;  Pop. 
Sci.  Mo.,  56  :  614-616  ;  Forum,  17  :  207-216  ;  27  :  223-236  ; 
551-556.     Outlook,  64  :  626-628. 

6.  What  are  the  grounds  for  opposition  to  railroad  pool- 
ing?   N.  Am.  Rev.,  168  :  321-335;  506-509. 

7.  The  economic  aspects  of  trusts  are  treated  in  Jenks, 
The  Trust  Problem  ;  Ely,  Trusts  and  Monopolies;  Wright, 
Practical  Sociology,  411-413.  Also,  Bulletin  of  the  Depart- 
ment of  Labor,  No.  29,  July,  1900;  Hadley,  The  Good  and 
Evil  of  Industrial  Combinations,  Atl.  Mo.,  79  :  377-385. 
A  list  of  trusts  is  given  in  Rev.  of  R's,  19  :  675-678  ;  Had- 
ley, The  Formation  and  Control  of  Trusts,  Scribner's  Mag. , 
26  :  604-610  ;  The  Danger  in  Trusts,  Century,  38  :  152-153  ; 
Industrial  and  Railroad  Consolidation,  N.  Am.  Rev.,  172  : 
641-700  (a  group  of  articles). 

8.  State  control  of  trusts ;  Forum,  24  :  107-118  ;  Atl.,  Mo., 
85  :  47-53  ;  Nation,  71  :  4-5  ;  N.  Am.  Rev.,  168  :  210-217  ; 
169  :  210-217  ;  Arena,  22  :  312-319 ;  Outlook,  62  :  879-881. 

9.  The  National  Anti-trust  Law.  Forum,  26  :  452-458  ; 
23  :  298-307;  28  :  732-736;  N.  Am.  Rev.,  169  :  375-398; 
Nation,  70  :  431-432. 

10.  On  Chinese  exclusion,  see  N.  Am.  Rev.,  166  :  85-97  ; 
226-233  ;  171  :  214-220. 

11.  Should  more  restrictions  be  laid  upon  European  im- 
migration? N.  Am.  Rev.,  152  :  27-36  ;  154  :  424-438  ;  158 
494-499 ;  162  :  649-657  ;  163  :  252-254  ;  164  :  526-536  ;  165 
393-402  ;  Outlook,  55  :  721-722  ;  58  :  508-509  ;  59  :  951  ;  60 
990  ;  Arena,  18  :  788-801  ;  Pop.  Sci.  Mo.,  49  :  625-630  ;  50 
841-843  ;  Atl.  Mo.,  71  :  646-655  ;  75  :  345-353  ;  77  :  822-829 
Wright,  Practical  Sociology,  46-55 ;  Forum,  30  :  555-567 
Rev.  of  R's,  24  :  723-724 ;  Century  Mag.,  67  :  466-473. 


CHAPTER  XIX 


MONEY  OF  THE  UNITED   STATES 


I.  Metal  Monet  or  Com. 


Article  I, 
Bection  8, 
clause  5. 

Clause  6. 


The  mints. 


Whenever  men  trade  or  exchange  commodities  they 
find  some  form  of  money  very  convenient,  if  not  really 
necessary.  A  variety  of  things  have  served  as  money 
among  peoples  in  different  stages  of  civilization.  Gold 
and  silver  have  become  the  chief  money  metals  of  civilized 
countries  on  account  of  their  high  value,  and  certain 
other  characteristics.  The  function  of  coining  money 
has  been  assumed  by  governments  because  in  this  way 
only  can  uniformity  in  the  size  and  composition  of  coins 
be  secured.  The  government  stamp  becomes  a  guaran- 
tee of  the  value  of  a  coin  when  otherwise  each  might 
have  to  be  weighed  and  tested  before  it  could  be  ac- 
cepted.    Congress  has  been  vested  with  the  power 

To  coin  money  y  regulate  the  value  thereof,  and  of  foreign 
coin,  and  fix  the  standard  of  weights  and  measures. 

To  provide  for  the  punishment  of  counterfeiting  the  se- 
curities and  current  coin  of  the  United  States. 

The  government  coins  money  at  its  mints,  which  are 
located  at  Philadelphia  (established  in  1792),  Denver, 
New  Orleans,  and  San  Francisco.  Gold  or  silver  ore 
must  first  be  refined  before  it  is  sent  to  the  mint  as  bull- 
ion. Here  it  is  assayed  *  to  determine  its  purity.  The 
pure  metal  is  too  soft  for  use  as  money,  so  an  alloy  of 

*  Assay  offices  are  also  maintained  at  New  York,  St.  Louis,  Dead- 
wood,  Helena,  Bois6,  Seattle,  and  Charlotte,  N.  C. 

206 


Money  of  the  United  States  207 

copper  is  added  in  the  making  of  gold  coins  and  silver 
dollars.  In  the  "  standard  "  metals  thus  produced  the 
alloy  is  one-tenth  of  the  whole  ;  that  is,  the  metal  is 
nine-tenths  (or  .900)  "  fine." 

In  the  process  of  minting,  the  standard  metal  is  first 
rolled  into  strips  of  the  thickness  of  the  coin.  From 
these  strips  round  pieces  are  cut  by  heavy  machinery.  Process  of 
The  weight  of  each  piece  is  tested  and  when  found  ac- 
curate it  goes  to  another  machine,  from  which  it  comes 
with  the  edge  slightly  raised  on  both  sides.  This  device 
decreases  the  wear  on  the  faces  of  the  coin.  In  the  next 
operation,  the  disk  of  gold  or  silver  is  subjected  to  im- 
mense pressure  between  two  engraved  dies  ;  in  this  way 
the  proper  inscriptions  are  stamped  upon  its  faces.  At 
the  same  time  the  edge  of  the  coin  is  milled. 

The  money  of  a  country  is  not  only  the  common  me- 
dium of  exchange,  ordinarily  accepted  at  its  face  value ; 
it  is  also  a  standard  of  value  in  terms  of  which  all  com- 
modities are  measured.  By  its  use  all  trade  is  greatly  Legal 
facilitated  and  rendered  secure.  With  the  same  object 
in  view  every  government  declares  certain  kinds  of 
money  to  be  '*  legal  tender,"  i.e.,  money  that  must  be 
accepted  by  a  creditor  in  payment  of  a  debt.  This  does 
not  mean  that  one  must  sell  his  goods  for  the  legal  ten- 
der money ;  but  if  a  debt  has  been  contracted  without 
agreement  as  to  the  kind  of  money  with  which  it  is  to  be 
paid,  the  debtor  may  offer  the  legal  tender  in  payment 
and  it  must  be  accepted. 

A  government  may  pursue  one  of  two  distinct  policies 
toward  the  coinage  of  a  certain  metal.     (1)  It  may  agree 
to  coin  all  the  bullion  of  that  metal  that  may  be  brought  Free 
to  the  mints  by  individuals  ;  this  is  free  *  coinage.     (2) 

*  The  word  free  means  unlimited.  It  has  no  reference  to  the  charge 
for  coinage  mentioned  on  p.  209.  The  definition  of  free  coinage  given 
above  states  its  meaning  as  the  phrase  is  commonly  used.    The  following 


208 


Money  of  tJie  United  States 


Bimetal- 
lism. 


The  government  may  limit  tlie  amount  of  bullion  that 
will  be  coined ;  this  may  be  called  limited  coinage. 
Under  free  coinage  of  any  metal  the  government  makes 
no  effort  to  control  the  amount  of  bullion  which  will  be 
coined ;  it  coins  "  on  private  account "  all  the  bullion 
brought  to  its  mint.  Under  limited  coinage  a  certain 
amount  of  the  bullion  is  coined  "  on  government 
account." 

Since  the  first  coinage  act  of  our  government  (1792) 
there  has  been  free  coinage  of  gold.  There  was  also  free 
coinage  of  silver  until  1873.  Because  during  this  time 
there  was  free  coinage  of  both  metals,  and  both  gold  and 
silver  dollars  were  full  legal  tender,  we  had  nominally, 
at  least,  bimetallism  or  a  double  standard.  The  law  of 
1873,  by  stopping  the  coinage  of  silver  dollars,  brought 
about  the  single  gold  standard.*  After  1878  there  was 
limited  silver  coinage  until  the  purchase  of  silver  bul- 
lion was  discontinued  in  1893. 

Below  is  a  list  of  the  coins  now  made  at  the  mints  of 
the  United  States. 


Coins  of  the 

United 

States. 


Gold. 
Double  eagle 
Eagle 
Half  eagle 
Quarter  eagle 


Silver. 
One  dollar 
Half  dollar 
Quarter  dollar 
Dime 


Minor  coins,  the  nickel  and  one  cent  piece. 


The  "  standard  "  coins  of  each  kind  are  of  course  the 

The  ratio,      gold  dollar  and  the  silver  dollar.     The  weight  of  the 

pure  metal  in  the  gold  dollar  is  fixed  by  law  at  23.22 

is  a  more  accurate  definition  :  free  coinage  contemplates  the  coining  of  all 
the  bullion  brought  to  the  mints,  either  gratuitously  or  with  a  deduction 
not  to  exceed  the  actual  expenses  of  coinage. 

*  In  reality  the  country  had  been  on  a  gold  basis  for  a  number  of 
years.  The  number  of  silver  dollars  coined  between  1834  and  1873  was 
only  6,525,000. 


Money  of  the  United  States  209 

grains  (Troj  weight).  In  a  silver  dollar,  tlie  pure  metal 
weighs  371.25  grains,  or  15.988+  times  as  much  as  in 
the  gold  dollar.  Hence  we  say  that  the  ratio  of  our 
standard  coins  is  15.988  +  to  1,  or  approximately  16  : 1. 
This  is  called  the  mint  ratio.  Since  our  coins  are  .9 
fine,  the  total  weights  are  25.8  grains  for  the  gold  dollar 
and  412.5  grains  for  the  silver  dollar. 

Any  one  who  has  gold  may  take  it  to  the  mint  and 
receive  in  exchange  exactly  the  same  amount  of  gold  in 
gold  coin.  For  the  alloy  which  has  been  added  he  will 
pay  a  "mint  charge"  of  two  cents  per  ounce.  It  is 
evident,  therefore,  that  23.22  grains  of  gold  are  worth 
exactly  $1.00  at  the  mint ;  this  fixes  the  price  of  gold 
everywhere  and  under  all  conditions. 

With  silver  the  case  is  different.  In  a  silver  dollar 
371.25  grains  of  pure  silver  pass  as  $1.00,  but  their  in- 
trinsic value  may  be  less.  You  may  find  in  the  daily 
papers,  market  quotations  of  the  price  of  silver  bars,  as 
of  wheat  and  other  products.  In  April,  1901,  silver  was 
quoted  at  60  cents  an  ounce  ;  consequently,  for  a  dollar 
one  might  buy  800  grains  of  silver  on  the  market.  Now 
since  one  can  buy  only  23.22  grains  of  gold  for  a  dollar, 
the  market  ratio  of  gold  and  silver  was  34.45  + :  1.  A 
simple  calculation  will  show  that  at  this  value  the  silver 
in  a  silver  dollar  was  worth  less  than  46J  cents.  If  now  Market 
the  government  should  purchase  silver  at  the  market 
price  and  coin  it  into  dollars,  there  would  be  a  profit  of 
53J  cents  for  each  dollar  coined.  This  profit  is  called 
seigniorage^  though  this  was  not  the  original  meaning  of 
the  term. 

Before  1873,  when  we  had  free  coinage  of  both 
metals,  the  mint  and  market  ratios  were  very  nearly  the 
same.  Certain  causes  (some  say  the  act  of  1873  itself, 
others  say  the  enormously  increased  production  of 
silver)  haye  brought  about  the  decline  in  the  value  o| 


ratio. 


210 


Money  of  the  United  States 


silver.    How  great  this  decline  has  been  is  evident  from 
the  accompanying  chart : 


rhe  silver 
luestion. 


Ratios 

10  to  1 

11  to  1 

12  to  1 

13  to  1 

14  to  1 

15  to  1 
16to1 

1500                  1600                       1700                     1800        1850      19G 

Ratios 
MO  to  1 

11  to  1 

12  to  1 

13  to  1 

14  to  1 

15  to  1 

16  to  1 

17  to  1 

18  to  1 

19  to  1 

20  to  1 

21  to  1 
22to1 

23  to  1 

24  to  1 

25  to  1 

26  to  1 

27  tot 

28  to  1 
29tol 
30to1 

31  to  1 

32  to  1 

33  to  1 

.^ 

1 — 

\ 

\ 

! 

\ 



1 

■"^ 

^ 

"^ 

1 

\l 

W 

\ 

1£ 

90 

If  the  value  of  gold  be  represented  by  one 

of  the  horizontal  lines,  then  the  broken  line 

represents  the  fluctuations  in   the  value  of 
Bilver. 

Since  the  decline  became  noticeable  there  has  been 
agitation  in  favor  of  resuming  the  free  coinage  of  silver 
at  the  original  ratio  (16 : 1).  It  is  this  demand  for  "free 
silver "  which  furnishes  the  key  to  the  history  of  our 
silver  coinage  since  1873  and  to  the  discussions  over 
money  in  recent  political  campaigns.  This  question  is 
involved  in  the  larger  one  of  bimetallism — a  deep  and 
intricate  economic  problem  upon  both  sides  of  which 
eminent  authorities  are  arrayed.  We  cannot  enter  into 
this  discussion,  but  an  outline  of  recent  silver  legislation 
is  necessary  to  the  understanding  of  our  present  mone- 
tary system. 


Money  of  the  United  States  211 

As  already  stated,  in  1873  the  silver  dollar  was 
dropped  from  the  list  of  coins  to  be  minted.  Its  legal 
tender  quality  was  not  altered  until,  by  a  law  of  1874, 
this  was  limited  to  amounts  of  five  dollars  or  less.  In 
1878  Congress  passed  the  Bland  act,  directing  the  Lawofisra 
Secretary  of  the  Treasury  to  purchase  from  $2,000,000 
to  $4,000,000  worth  of  silver  bullion  each  month.  This 
was  to  be  coined  into  silver  dollars,  which  once  more 
became  full  legal  tender.  The  silver  purchased  under 
this  act  was  coined  into  $378,000,000. 

By  the  Sherman  act  of  1890  the  Bland  act  was  re- 
pealed ;  the  Secretary  of  the  Treasury  was  required  to 
purchase  four  and  one-half  million  ounces  of  silver  bul- 
lion monthly  (or  so  much  thereof  as  might  be  offered) 
at  the  market  price,  but  not  to  exceed  $1.29  an  ounce. 
This  bullion  was  to  be  paid  for  by  a  new  kind  of  paper 
money  called  Treasury  notes  of  1890.  For  one  year  two 
million  ounces  of  this  bullion  were  to  be  coined  each 
month  ;  after  that  time  only  enough  was  to  be  coined  to 
redeem  the.  Treasury  notes  as  they  might  be  returned  to 
the  Treasury.  When  redeemed  in  silver  the  Treasury 
notes  are  cancelled  or  destroyed.  That  clause  of  this 
act  which  required  the  purchase  of  silver  was  repealed 
by  Congress  in  1893  under  circumstances  to  be  described  Repeal  of 
hereafter.     Since  that  date  no  silver  bullion  has  been  clause  m 

1893 

purchased  by  the  government,  for  the  coinage  of  silver 
dollars.  Since  July  1, 1891,  silver  dollars  have  been  coined 
only  in  amounts  sufficient  to  redeem  Treasury  notes. 

The  silver  coins  of  denominations  less  than  one  dollar  are  called 
subsidiary  coins.  The  silver  half-dollar  weighs  only  192  grains 
and  is  therefore  lighter  proportionately  than  the  silver  dollar.  The 
quarter  and  ten  cent  piece  are  correspondingly  reduced  in  weight.  Subsidiary 
They  are  legal  tender  only  in  sums  of  ten  dollars  or  less.  Tlie 
five  cent  piece  (nickel)  weighs  77. 16  grains  and  is  composed  of  75 
per  cent,  copper  and  25   per  cent,  nickel.     The  one   cent  piece 


212  Money  of  the  United  States 

Minor  weighs  48  grains  and  is  composed  of  95  per  cent,  copper  and  5  per 

"^  cent,  tin  and  zinc.     These  minor  coins  are  legal  tender  in  amounts 

of  twenty-five  cents  or  less. 

II.  Paper  Money. 

There  are  at  present  five  kinds  of  paper  money  in  cir- 
culation. They  are  United  States  notes,  silver  certifi- 
cates, gold  certificates,  Treasury  notes  of  1890,  and 
National  bank  notes.*  The  United  States  notes  were 
created  in  the  early  years  of  the  Civil  War  as  a  means 
of  paying  the  enormous  expenses  of  the  government. 
Taxation  is  the  ordinary  method  of  providing  funds  for 
government  expenses  ;  but  it  is  difficult  to  create  a  new 
system  of  taxation  and  some  time  is  required  to  put  it 
into  operation.  In  the  year  1862  the  government  was 
without  cash  in  its  treasury.  Efforts  had  been  made  to 
borrow  money  by  the  sale  of  bonds,  but  the  bonds  had 
depreciated  in  value.  It  was  therefore  determined  that 
the  government  should  print  certain  designs  on  pieces 
of  paper,  call  these  money,  and  compel  peopje  to  accept 
them  in  payment  of  debts  by  declaring  them  legal  ten- 
United  der.  These  were  the  United  States  notes,  sometimes 
note^s^  called  "legal  tenders."  Three  issues  of  $150,000,000 
each  were  authorized  by  Congress  on  these  dates : 
February  25,  1862,  July  11,  1862,  and  March  3,  1863. 
With  this  money  the  government  paid  the  salaries  of 
its  officers  and  soldiers  and  purchased  supplies  that 
were  necessary  for  carrying  on  the  Civil  War. 

Probably  these  issues  were  intended  to  be  temporary, 
the  government  expecting  to  redeem  the  notes  within  a 
few  years.     It  was  in  reality  a  method  of  forcing  peo- 

*  A  sixth  kind,  currency  certificates,  are  issued  to  National  banks  in 
exchange  for  United  States  notes  deposited  in  the  Treasury.  Their  de- 
nominations are  not  less  than  #5,000.  The  term  "  greenbacks  "  may  be 
applied  to  any  kind  of  paper  money,  though  usually  it  means  United 
States  notes. 


Money  of  the  United  States 


213 


pie  to  loan  money  to  the  government.  But  the  gov- 
ernment could  not  in  this  way  escape  the  necessity  of 
taxation,  for  ultimately  it  must  in  some  way  obtain  gold 
and  silver  with  which  to  redeem  the  notes. 

When  a  government  refuses  to  pay  its  obligations  in 
coin  and  pays  instead  only  paper  money  containing 
promises  to  pay  coin  or  specie,  at  some  future  time,  it 
"  suspends  specie  payments."  If  the  paper  money  is 
issued  in  excessive  amounts,  it  will  depreciate  in  value,  Depreda- 
that  is,  a  certain  amount  of  it  will  be  worth  less  than 
the  same  amount  of  coin.  This  is  what  happened  when 
the  United  States  notes  were  issued.  The  history  of 
their  depreciation  until  at  one  time  they  were  worth 
only  forty  cents  on  a  dollar  is  told  by  the  accompany- 
ing chart  : 

VALUE  IN  GOLD  OF  ONE  DOLLAR  IN  U.  S.  NOTES. 


1862                 1865                               1870                                 T87:5                       1879    j 

$1.00 
75<t 

50* 

25^ 

\ 

K 

A 

[_ 

— \ 

n 

\ 

A 

\ 

r 

'  V 

V 

After  much  discussion  Congress  finally  decided,  by 
an  act  passed  in  January,  1875,  that  it  would  resume 
specie  payments  on  the  first  day  of  1879  by  redeeming  Resumption 
in  gold  all  of  the  United  States  notes  that  might  be  payments, 
presented  for  redemption.  When  this  time  arrived  the 
amount  had  been  reduced  to  $346,681,016,  and  Con- 
gress had  forbidden  any  further  reduction.  This  is  the 
amount  at  present  outstanding.  The  resumption  of 
specie  payments  necessitated  the  presence  of  gold  in 
the  Treasury  with  which  to  redeem  the  notes.     Accord- 


214 


Money  of  the  United  States 


Constitu- 
tionality of 
legal 
tenders. 


ingly,  the  law  of  1875  authorized  the  Secretary  of  the 
Treasury  to  obtain  gold  by  selling  bonds.  Just  before 
January  1,  1879,  the  notes  once  more  passed  at  face 
value,  and  but  few  were  presented  for  redemption. 
The  amount  outstanding  was  not  decreased,  for  instead 
of  cancelling  those  that  were  redeemed  the  Secretary 
was  obliged  by  law  to  re-issue  them  in  making  payments 
from  the  Treasury.     This  caused  trouble  in  later  years. 

The  government  was  obliged  to  pay  the  interest  on 
its  Civil  War  bonds  in  gold  ;  for  otherwise  they  would 
have  fallen  greatly  in  value.  The  United  States  notes 
were  therefore  made  legal  tender  for  all  debts  except 
duties  on  imports  and  interest  on  the  public  debt.  The 
gold  received  from  customs  duties  was  the  source  of 
supply  from  which  interest  payments  were  made. 

There  can  be  little  doubt  that  the  framers  of  the  Con- 
stitution never  intended  that  Congress  should  have  the 
right  to  declare  anything  but  gold  and  silver  legal  ten- 
der. The  Constitutionality  of  the  laws  that  authorized 
the  "  legal  tenders  "  was  therefore  one  of  the  most  im- 
portant questions  ever  submitted  to  the  Supreme  Court. 
The  final  decision  *  was  in  favor  of  the  right  of  Congress 
to  exercise  this  power.  The  Constitutional  basis  of 
this  right  is  implied  by  some  from  the  power  to  levy 
and  carry  on  war  ;  by  others  from  the  power  to  borrow 
money ;  by  still  others  from  the  power  to  coin  money. 
The  court  rested  its  decision  finally  upon  the  ground 
that  this  power  is  "  one  of  the  powers  belonging  to  sover- 
eignty in  other  civilized  nations,"  and  that  as  it  is  not, 
expressly  withheld  by  the  Constitution,  it  is  by  neces- 
sary implication  vested  in  Congress  in  connection  with 
the  powers  over  the  currency  expressly  granted. f 

Let  us  now  notice  two  kinds  of  our  paper  money  that 

*  Rendered  in  1884.     Julliard  vs.  Greenman.     110  U.  S.,  421. 
t  Cooley,  Principles  of  Constitutional  Law,  83. 


Money  of  the  United  States  215 

are  quite  similar.  When  Congress,  by  the  Bland  act  of 
1878,  authorized  the  coinage  of  silver  dollars,  it  provided 
also  for  the  silver  certificates.  Silver  dollars  are  bulky  silver 
and  inconvenient  to  handle.  Any  holder  of  them  may 
deposit  them  in  the  United  States  Treasury  and  receive 
in  exchange  silver  certificates.  The  silver  dollars  re- 
main in  the  Treasury. 

Gold  certificates  are  issued  upon  the  same  plan. 
These  two  kinds  of  paper  money  are  therefore  merely  Gold 

certificates. 

certificates  of  deposit.  To  redeem  them  the  division  of 
redemption  of  the  Treasury  holds  specie  in  amounts  ex- 
actly corresponding  to  the  certificates  outstanding. 

The  circumstances  under  which  the  Treasury  notes 
of  1890  were  issued  have  been  described.  These  notes  Treasury 
were  made  redeemable  in  coin  ;  that  is,  in  either  gold  or  i89o. 
silver,  at  the  option  of  the  government.  In  the  years 
immediately  preceding  the  financial  panic  of  1893  there 
was  a  great  scarcity  of  gold  in  the  money  markets  of 
this  country.  It  was  necessary  to  ship  much  of  our 
gold  abroad,  and  great  quantities  were  hoarded  by 
banks  and  by  individuals.  The  government  had  pledged 
itself  to  redeem  the  United  States  notes  in  gold,  and  it 
maintained  for  this  purpose  a  "  gold  reserve  "  which  had 
never  been  allowed  to  fall  below  $100,000,000.  When 
gold  became  scarce,  bankers  brought  these  notes  to  the 
Treasury  for  redemption  in  such  amounts  as  to  threaten 
the  exhaustion  of  the  reserve.  The  law  requiring  the 
re-issuance  of  the  notes  made  matters  worse,  for  there 
was  literally  no  limit  to  the  amount  that  might  be  pre- 
sented for  redemption. 

The  Treasury  notes  of  1890  were  redeemable  in  either 
gold  or  silver,  but  the  law  of  1890  had  declared  that  it 
was  "  the  established  policy  of  the  United  States  to 
maintain  the  two  metals  on  a  parity  with  each  other, 
upon  the  present  legal  ratio  (15.988  to  1)  or  such  ratio 


1893. 


216  Money  of  the  United  States 

as  may  be  provided  by  law."  Now,  in  the  judgment  of 
the  administration  (Mr.  Cleveland  was  then  President) 
the  refusal  to  redeem  these  notes  in  gold,  when  gold  was 
demanded,  would  at  once  destroy  the  parity  of  the  two 
kinds  of  money  ;  that  is,  gold  would  rise  to  a  premium, 
silver  money  would  depreciate,  the  silver  dollar  would 
fall  perhaps  to  its  intrinsic  value,  and  the  United  States 
would  be  on  a  silver  basis.  Consequently,  it  was  de- 
cided to  redeem  the  Treasury  notes  in  gold  ;  the  amount 
of  these  notes  was  about  $150,000,000,  and  this  mass  of 
money  was  added  to  the  legal  tenders  as  a  possible  drain 
upon  the  gold  reserve.  Since,  through  the  purchase  of 
silver,  the  amount  of  Treasury  notes  was  constantly  in- 
creasing, a  special  session  of  Congress  repealed  (Novem- 
crisisof  ber  1,  1893)  the  purchase  clause  of  the  Sherman  act. 
Further,  as  the  gold  reserve  decreased  below  $100,000,- 
000,  it  became  necessary,  if  the  government's  policy 
was  to  be  maintained,  to  buy  gold  by  the  sale  of  bonds. 
This  had  been  authorized  by  the  act  of  1875  already  men- 
tioned (see  pp.  213,  214).  The  following  bond  issues 
were  therefore  made  :  * 

Date.  Amount.  Time.  Kate. 

1894  February $50,000,000  10  years  5  per  cent. 

"    November 50,000,000  10     "  5    "     " 

1895  February 62,315,400  30     "  4    *'     " 

1896  January 100,000,000  30     "  4    "     " 

The  public  debt  was  thus  increased  by  $262,315,400. 
The  foregoing  history  reveals  the  haphazard  and  un- 
scientific character  of  our  monetary  system.  It  has  this 
character  because  after  1878  our  government  adopted  a 
half-way  policy :  in  practice  we  had  neither  bimetallism 
nor  the  single  gold  standard.  It  was  upon  this  issue 
that  the  election  of  1896  turned.    Hence  the  Kepublican 

*  These  bonds  appear  in  the  Public  Debt  Statement  (see  p.  193) ;  the 
greater  part  of  the  five  per  cents  have  been  exchanged  for  the  new  two 
per  cents. 


Money  of  the  United  States  217 

policy  of  Mr.  McKinley's  administration  resulted  in  the 
financial  law  of  1900.  This  law  provides  for  the  main-  Lawof  1900. 
tenance  of  the  single  gold  standard.  The  gold  dollar  is 
the  unit  of  value,  and  all  other  kinds  of  United  States 
money  are  to  be  maintained  at  a  parity  of  value  with 
this  standard.  All  bonds  of  the  United  States  as  well 
as  the  United  States  notes  and  the  Treasury  notes  of 
1890  are  redeemable  in  gold. 

To  insure  the  redemption  of  the  notes  a  reserve  fund 
of  $150,000,000  in  gold  is  maintained.  The  United 
States  notes  redeemed  in  gold  from  this  reserve  are  not 
re-issued  directly,  but  they  are  exchanged  for  gold  from 
the  general  fund  of  the  Treasury.  From  the  general 
fund  they  will  get  back  into  circulation.  In  this  way 
the  reserve  will  ordinarily  be  maintained.  If  it  should 
fall  below  $100,000,000,  gold  may  be  purchased,  as  in 
former  years,  by  the  sale  of  bonds. 

The  Treasury  notes  of  1890  are  gradually  to  be  re- 
tired, their  places  being  taken  by  silver  certificates.  To 
facilitate  these  currency  transactions,  there  are  estab- 
lished in  the  Treasury  Department  two  new  divisions — 
one  of  Issues  and  the  other  of  Kedemptions. 

Four  kinds  of  paper  money  have  been  described; 
there  remains  the  fifth  kind,  National  bank  notes. 
National  banks  are  under  the  control  of  a  bureau  in  the  National 
Treasury  Department,  having  for  its  head  the  Comp-  system, 
troller  of  the  Currency.  A  National  bank  is  organized 
in  much  the  same  way  as  other  corporations,  by  any 
number  of  persons,  not  less  than  five.  The  minimum 
amount  of  capital  stock  a  bank  may  have  depends  upon 
the  size  of  the  place  where  the  bank  is  located.* 

*  Minimum  Capital  Stock  Population. 

$25,000  3,000  or  less. 

150,000  3,000  to  6,000. 

$100,000  6,000  to  50,000. 

$200,000  Over  50,000.  . 


bonds. 


218  3foney  of  the  United  States 

'  Upon  the  basis  of  its  capital  stock  the  bank  performs 
the  ordinary  banking  functions  ;  that  is,  it  makes  loans, 
discounts  notes,  buys  and  sells  exchange.  In  addition 
to  these  functions  National  banks  have  another  not  at 
present  exercised  by  other  banks — they  issue  National 
bank  notes  for  circulation  as  money  of  the  United  States. 
The  entire  business  of  these  banks  is  conducted  under 
regulations  of  the  National  ]aw,  and  they  are  subject  to 
inspection  by  National  officers. 

When  a  National  bank  is  organized  it  must  invest  a 
sum  of  money  equal  to  at  least  one-fourth  of  its  capital 
in  United  States  bonds.  These  may  be  purchased  at 
any  time  from  a  broker.  The  bank  must  deposit  them 
Deposit  of  in  the  Treasury  of  the  United  States  ;  but  they  are  still 
the  property  of  the  bank  and  it  receives  the  interest 
from  them.  The  bank  will  then  receive  from  the  Comp- 
troller of  the  Currency,  National  bank  notes  equal  in 
amount  to  the  par  value  of  the  bonds  deposited.  The 
president  and  the  cashier  of  the  bank  sign  each  note, 
and  they  may  then  be  loaned  or  paid  out  for  any  pur- 
pose in  the  ordinary  course  of  business.  The  bonds 
constitute  the  security  for  these  notes.  A  National  bank 
may  fail ;  that  is,  its  depositors  may  never  receive  back 
their  money;  but  the  holders  of  National' bank  notes 
will  lose  nothing  so  long  as  United  States  bonds  are 
good  security.  For  if  the  bank  cannot  redeem  its  notes 
in  lawful  money  according  to  its  promise,  the  Comp- 
troller of  the  Currency  will  sell  the  bank's  bonds  and 
thus  obtain  money  with  which  to  redeem  them.  This 
is  the  reason  why  we  never  hesitate  to  receive  one  of 
these  notes  even  though  the  responsible  officials  of  the 
bank  may  be  entirely  unknown  to  us. 

The  advantage  that  National  banks  seem  to  have  in  being  able  to 
draw  double  interest  on  the  amount  invested  in  bonds  is  much 
lessened   by  the  following  facts :  '1)  Banks  must  have  a  deposit 


Money  of  the  United  States  219 

in  the  United  States  Treasury  for  the  redemption  of  their  notes,    National 
which  bears  no  interest.      (2)  Their  circulation  is  taxed  one-half   interest  on 
per  cent.     (3)  The  bonds  are  above  par,  and  consequently  the  act-    ^^o^^ds. 
ual  rate  of  interest  is  less  than  the  nominal  rate.     (4)  Other  fees 
and  charges  are  exacted  by  the  government.     For  these  reasons, 
and  because  National  banks  are  subject  to  stricter  inspection  than 
banks  organized  under  the  laws  of  most  states,  private  and  state 
banks  are  constantly  being  organized  in  competition  with  them. 
The  number  of  National  banks  in  July,  1901,  was  4,178. 

The  following  kinds  of  money  are  now  full  legal  tender :  all 
gold  coins,  silver  dollars,  United  States  notes  (with  the  exceptions 
noted),  and  Treasury  notes  of  1890.  The  gold  and  silver  certifi- 
cates and  National  bank  notes  are  not  legal  tender. 

The  clause  by  virtue  of  which  Congress  possesses 
power  "  to  coin  money "  also  gives  it  authority  "  to  fix 
the  standard  of  weights  and  measures."  It  was  only  standard  of 
during  the  last  session  of  the  56th  Congress,  in  1901,  meS^es.'^^ 
that  a  law  was  enacted  giving  full  effect  to  this  grant 
of  power.  The  only  standard  previously  adopted  by 
law  was  the  English  Troy  pound;  all  other  measure- 
ments of  weight,  distance,  and  capacity  were  based  upon 
standards  fixed  by  European  governments.  Standard 
thermometers  and  measures  based  on  the  metric  sys- 
tem came  from  France,  while  standards  of  electrical 
measurement  were  German.  Millions  of  dollars  were 
spent  annually  by  manufacturers,  scientists,  and  others 
in  obtaining  standardized  instruments  from  abroad. 
A  law  of  1901  established  a  National  Standardizing 
Bureau  in  the  Treasury  Department,  and  appropriated 
money  for  a  laboratory  at  which  the  standards  used 
in  all  the  applied  sciences  will  be  kept.*  A  director,  a 
physicist,  a  chemist,  and  their  assistants  will  exercise 
the  functions  of  the  Bureau  for  the  National,  State,  and 
municipal  governments,  for  educational  institutions, 
and  for  individuals  engaged  in  pursuits  requiring  the 
use  of  standardized  instruments. 

*  This  bureau,  in  1903,  was  transferred  to  the  Department  of  Commerce 
and  Labor. 


220  Money  of  the  United  States 

SUPPIiEMENTARY  QUESTIONS  AND   REFERENCES. 

1.  What  things  have  been  used  as  money  besides  metals  ? 
What  qualities  of  gold  and  silver  have  made  them  the  com- 
mon money  metals  ?  Ely,  Outlines  of  Economics,  142-143  ; 
Laughlin,  Elements  of  Political  Economy,  69-72 ;  Walker, 
Political  Economy,  102-104;  Encyclopedia  articles  on 
money  and  coinage. 

2.  a.  Weigh  a  five  dollar  gold  piece  on  a  druggist's 

scales ;  weigh  five  silver  dollars.  What  is  the 
ratio  of  these  weights  ? 

6.  Put  a  silver  dollar  in  one  side  of  a  balance,  and  one 
dollar  in  subsidiary  silver  coins  in  the  other. 
What  is  the  result  ?  Why  ?  See  an  account  of 
the  monetary  laws  of  1853.  (References  in  ques- 
tion 14.) 

c.  Balance  an  old  coin  against  a  new  one  of  the  same 
denomination.  Is  the  former  worth  less  than  the 
latter  ?  Coins  become  abraded  and  yet  pass  at 
face  value  except  in  international  trade.  Coins 
shipped  abroad  are  weighed  to  ascertain  their 
true  value. 

3.  The  present  ratio  was  fixed  in  1837.  By  the  law  of 
1792  the  gold  dollar  contained  24.75  grains  of  pure  metal, 
and  the  silver  dollar  371.25  grains.  What  was  the  mint 
ratio  at  that  time  ? 

4.  Calculate  the  ratio  between  the  total  weights  of  the 
gold  and  silver  dollars.  Calculate  the  total  and  fine 
weights  of  the  other  gold  and  silver  coins. 

5.  What  is  the  value  of  an  ounce  of  gold  ?  Of  a  pound  ? 
If  you  are  "worth  your  weight  in  gold"  what  is  your  value  ? 

6.  What  is  the  present  market  value  of  silver?  How 
many  grains  can  you  buy  for  $1?  What  is  the  market 
ratio  of  gold  and  silver  ?  What  is  the  value  of  the  silver 
in  a  silver  dollar  ? 

7.  No  nation  has  at  present  a  bimetallic  monetary  sys- 
tem. What  nations  have  the  single  silver  standard  ?  The 
gold  standard  ?  What  is  meant  by  international  bimetal- 
lism ?  (The  history  of  the  Latin  Monetary  Union  furnishes 
the  best  example  of  this.)     Encyclopedia  articles  on  bi- 


Money  of  the  United  States  221 

metallism ;  Laughlin,  chapter  27  ;  Walker,  pp.  345-355  ; 
Bullock,  Introduction  to  the  Study  of  Economics,  289-300; 
Andrews,  An  Honest  Dollar,  chapter  2. 

8.  Under  the  act  of  1890  the  government  purchased  168,- 
674,682  ounces  of  bullion  for  $155,931,002.  What  was  the 
average  market  price  of  silver  ?  What  ratio  does  that  rep- 
resent ? 

9.  Can  you  explain  fluctuations  in  the  relative  values  of 
gold  and  silver  in  the  chart  on  p.  210  ?  Construct  a  chart 
in  which  the  value  of  silver  is  represented  by  a  straight 
line,  and  the  value  of  gold  by  a  broken  line.  Does  one 
chart  tell  the  truth  more  accurately  than  the  other? 

10.  Explain  fluctuations  in  the  value  of  United  States 
notes  (chart,  p.  213).  Construct  a  chart  representing  the 
premium  on  gold  by  a  broken  line. 

11.  The  space  required  to  store  1,000,000  silver  dollars  is 
250  cubic  feet.  On  September  30,  1903,  there  were  in  the 
Treasury  482,442,538  silver  dollars.  How  much  space 
was  necessary  for  their  storage  ? 

12.  On  October  1,  1903,  the  total  amount  of  money  in 
circulation  in  the  United  States  was  $2,404,617,069.  The 
population  was  estimated  at  80,831,000.  Calculate  the  per 
capita  circulation.  How  do  these  amounts  compare  with 
the  per  capita  in  other  countries  ?    See  newspaper  almanacs. 

13.  What  positions  were  taken  on  the  money  question  by 
the  political  parties  in  the  last  Presidential  campaign  ? 

14.  The  following  books  contain  accounts  of  our  mone- 
tary history :  Knox,  United  States  Notes ;  White,  Money 
and  Banking ;  Noyes,  Thirty  Years  of  American  Finance ; 
Taussig,  The  Silver  Situation  in  the  United  States;  An- 
drews, An  Honest  Dollar;  Bullock,  Introduction  to  the 
Study  of  Economics;  Laughlin,  Political  Economy;  Ex- 
port of  the  Secretary  of  the  Treasury,  in  Abridgment  of 
President's  Message  and  Documents,  1895-96,  187-246.  (A 
valuable  account,  containing  several  official  reports.) 

15.  Statistics  of  coinage,  value  of  silver,  production  of  pre- 
cious metals,  etc. ,  may  be  found  in  the  Statistical  Abstract ; 
Finance  Reports ;  Treasury  Department  Circulars,  No.  123 
and  No.  143 ;  Reports  of  the  Secretary  of  the  Treasury  in 
Abridgment  of  the  President's  Message  and  Documents. 


CHAPTEE  XX 

OTHER  GENERAL  POWERS   OF   CONGRESS 

I.  Power  of  Naturalization. 

Naturalization  is  the  process  by  which  a  foreigner 
becomes  a  citizen.  The  first  section  of  the  XlVth 
Amendment  declares  the  following  classes  to  be  citi- 
zens :  "  All  persons  born  or  naturalized  in  the  United 
States  and  subject  to  the  jurisdiction  thereof,  are  cit- 
Who  are  izens  of  the  United  States  and  of  the  States  wherein  they 
reside."  The  Dred  Scott  Decision,  given  by  the  United 
States  Supreme  Court  in  1857,  was  based  on  the  prin- 
ciple that  a  slave  who  was  the  descendant  of  a  slave 
could  not  become  a  citizen  according  to  the  interpre- 
tation of  the  Constitution.  But  the  Civil  Rights  Act  of 
1866  declared  that  these  persons  were  entitled  to  the 
rights  of  citizenship.  Could  this  Act  of  Congress  be 
enforced  so  long  as  the  decision  of  the  Supreme  Court 
was  unreversed  ?  All  such  complications  were  settled 
therefore  by  the  definition  of  citizenship  in  the  Amend- 
ment. The  section  has  been  interpreted  to  apply  to 
"white  persons  and  persons  of  African  descent."  An 
Act  of  Congress  in  1882  expressly  prohibits  the  natural- 
ization of  Chinamen.  Naturalization  has  also  been 
denied  to  natives  of  Japan  and  of  Burmah.  But  the 
Supreme  Court  has  decided  that  a  child  born  in  the 
United  States  of  Chinese  parents  is  a  citizen.* 

Previous  to  the   adoption   of  the   Constitution,   the 
individual  states  had  the  right  to  determine  their  own 

*  United  States  vs.  Wong  Kim  Ark,  169  U.  S.,  649. 
223 


Other  General  Powers  of  Congress  223 

rules  of  naturalization.  Much  confusion  thus  arose  be- 
cause of  the  different  requirements  in  the  various  States, 
and  with  little  discussion  the  Constitutional  Convention 
declared  that : 

Congress  shall  have  the  power  to  establish  a  uniform  rule  Section  8, 
of  naturalization  and  uniform  laws  on  the  subject  of  bank- 
ruptcies throughout  the  United  States. 

The  number  of  years  of  residence  in  the  United  States 
required  before  an  alien  might  be  admitted  to  citizenship 
varied  until  1802  when  the  present  rule  of  five  years 
was  adopted.     A  foreigner  who  has  reached  the  age  of  How  an 
eighteen  years  must,  at  least  two  years  before  admis-  comes  a 
sion  to  citizenship,   appear  before  a    court  of  record 
having  common  law  jurisdiction,  or  before  the  clerk  of 
such  a  court,  and  declare  upon  oath  that  it  is  bona  fide 
his  intention  to  become  a  citizen  of  the  United  States 
and  to  renounce  forever  all  allegiance  to  any  govern-  Declaration 
ment  formerly  having  jurisdiction  over  him.     If  he  has  tion. 
borne  any  title  of  nobility  he  must  renounce  it.     This 
declaration  is  then  recorded  and  the  clerk  furnishes  the 
applicant  with    a    certified    copy  which   is    sometimes 
called  his  "  first  papers." 

After  two  years  from  the  declaration  of  intention, 
provided  he  has  resided  continuously  within  the  United 
States  at  least  five  years  and  within  the  State  or  terri- 
tory where  the  court  is  held  at  least  one  year,  he  must 
appear  in  open  court  and  declare  on  oath  that  he  will  Certificate 
support  the  Constitution  of  the  United  States  and  ab-  ization. 
solutely  "  renounce  and  abjure  all  allegiance  and  fidel- 
ity to  every  foreign  prince,  potentate,  State,  or  sover- 
eignty whatsoever."  Two  witnesses  must  testify  to 
his  term  of  residence  and  declare  that  during  the  time 
"he  has  behaved  as  a  man  of  good  moral  character, 
attached  to  the  principles  of  the  Constitution  of  the 
United  States,  and  well  disposed  to  the  good  order  and 


224 


Othe?'  General  Powers  of  Congress 


status  of 
minors. 


happiness  of  the  same."  These  facts  are  recorded  and 
he  is  granted  a  certificate  of  naturalization.  His  wife 
and  children  under  twenty-one  years  of  age  become  cit- 
izens at  the  same  time. 

The  children  of  naturalized  citizens  born  abroad 
are  regarded  as  citizens.  Children  of  foreigners  born 
in  this  country  and  residing  here  may  elect  their  al- 
legiance. Any  alien  coming  to  the  United  States  be- 
fore he  is  eighteen  years  old  may  be  admitted  to  full 
citizenship,  upon  the  declaration  of  his  intention,  after 
he  has  resided  in  the  "United  States  five  years  and  is 
twenty-one  years  of  age.  He  must  be  able  to  prove  a 
good  moral  character  by  two  witnesses  and  satisfy  the 
court  that,  for  the  two  years  next  preceding,  it  has  been 
his  bona  fide  intention  to  become  a  citizen. 


Expatri- 
ation. 


The  United  States  has  entered  into  treaty  relations  with  certain 
nations,  among  them,  Great  Britain,  Germany,  Austria,  Mexico, 
which  provide  that  one  may  renounce  allegiance  to,  or  be  expatri- 
ated from,  the  nation  of  which  he  is  a  subject,  as  follows  :  ''  Re- 
newal of  domicile  in  the  mother  country  with  the  intent  not  to  re- 
turn, and  two  years  residence  is  presumptive  evidence  of  such 
intent,  shall  work  renewal  of  the  former  allegiance."  Some  of 
these  treaties  also  provide  that  when  a  subject  has  left  his  country 
to  avoid  military  service,  "the  right  to  exact  which  was  complete 
before  his  departure,  such  service  may  be  enforced  on  his  return 
in  spite  of  intervening  naturalization." 


Bankrupt 
laws. 


A  bankrupt  law  provides  for  the  division  of  the  prop- 
erty of  an  insolvent  debtor  among  his  creditors  and  also 
frees  him  from  any  further  legal  obligation  to  pay  the 
debts  which  are  not  met  in  this  manner.  Four  bank- 
rupt laws  have  been  passed  by  Congress,  those  of  the 
years  1802,  1840,  1867,  and  1898.  They  were  passed 
for  the  purpose  of  granting  relief  to  those  persons  who 
have  become  involved,  largely  because  of  the  general 
depression  in  trade  throughout  the.  country  for  a  few 


Other  General  Powers  of  Congress  225 

years  previous  to  their  enactment.  The  law  of  1802 
was  repealed  in  1803  ;  that  of  1841,  in  1843  ;  while  that 
of  1867  was  in  force  eleven  years.  It  has  been  urged 
that  the  bankrupt  law  of  1898,  after  certain  modifica- 
tions, should  be  made  permanent.  There  has  also  been 
some  agitation  in  favor  of  an  international  agreement 
on  the  subject  of  bankruptcy. 

The  United  States  District  Courts  have  jurisdiction  over  bank- 
ruptcy cases  according  to  the  law  of  July  1,  1898.  It  provides 
also  that  any  person  who  owes  debts,  except  a  corporation,  may  on  Law  of 
his  own  motion,  before  such  a  Court,  become  a  '^  voluntary " 
bankrupt.  Any  person  or  company,  except  a  National  bank  or  a 
bank  organized  under  State  or  Territorial  laws,  owing  debts  of 
$1,000  and  over  may  be  forced  by  creditors  into  "  involuntary " 
bankruptcy  after  an  impartial  trial.  It  was  estimated  that  within  a 
period  of  less  than  three  years  after  the  passage  of  this  law  some 
40,000  persons  became  voluntary  bankrupts,  and  debts  of  over 
$600,000,000  were  thus  cancelled. 

It  is,  however,  to  be  understood  that  although  the  States  still 
retain  the  power  to  pass  insolvent  and  bankrupt  laws,  that  power 
is  not  unlimited,  as  it  was  before  the  Constitution.     It  does  not  ex- 
tend to  the  passing  of  insolvent  or  bankrupt  acts  which  shall  dis-    State  bank- 
charge  the  obligation  of  antecedent  contracts.     It  can  discharge    story,*Com- 
such  contracts  only  as  are  made  within  the  State  between  citizens    ???|?^^®^' 
of  the  same  State.     It  does  not  extend    to  contracts  made  with  a 
citizen  of  another  State  within  the  State  nor  to  any  contracts  made 
in  other  States.     During  the  existence  of  a  National  bankruptcy 
law,  State  laws  that  might  be  in  conflict  with  it  are  suspended. 

II.  The  Postal  System  of    the  United  States. 

No  part  of  our  government  better  indicates  the  great 
rapidity  of  our  National  development  than  the  progress 
of  the  post-office  system.  An  act  of  Congress  of  1782  Deveiop- 
directed  that  a  mail  should  be  carried  at  least  once  in  postal  sys- 
each  week  from  one  office  to  another.  In  1790,  there 
were  seventy-five  post-offices  in  the  United  States  ;  post- 
age to  the  amount  of  $37,925  was  collected,  and  the  post- 


226 


Other  General  Powers  of  Congress 


Section  8, 
clause  7. 


"The  Fed- 
eralist," 
Hamilton, 
ed.,  337. 


roads  extended  over  1,875  miles.  In  1901  there  v/ere 
77,000  post-offices  with  employees  numbering  over 
200,000.  The  receipts  amounted  to  1112,000,000,  and 
the  mail  routes  on  railroads  alone  extended  over 
182,000  miles.  The  total  extent  of  mail  routes  was 
some  512,000  miles,  and  the  number  of  pieces  of  mail 
matter  handled  was  7,424,390,329. 

Congress,  under  the  Confederation,  was  given  the 
power  of  "  establishing  and  regulating  post-offices  from 
one  State  to  another."  After  a  brief  consideration  in 
the  Constitutional  Convention  it  was  agreed  that 

Congress  shall  have  the  power  to  establish  post-offices 
and  post-roads. 

Hamilton,  in  "  The  Federalist/'  gives  to  the  question 
but  one  paragraph,  in  which  he  says :  "  The  power  of 
establishing  post-roads  must  in  every  view  be  a  harm- 
less power ;  and  may,  perhaps,  by  judicious  manage- 
ment, become  productive  of  great  public  convenience. 
Nothing  which  tends  to  facilitate  the  intercourse  be- 
tween the  States  can  be  deemed  unworthy  of  the  public 
care."  Said  Postmaster-General  Smith  in  1899:  "The 
postal  establishment  of  the  United  States  is  the  great- 
est business  concern  in  the  world.  It  handles  more 
pieces,  employs  more  men,  spends  more  money,  brings 
more  revenue,  uses  more  agencies,  reaches  more  homes, 
involves  more  details,  and  touches  more  interests  than 
any  other  human  organization,  public  or  private,  gov- 
ernmental or  corporate." 


Classes  of 
mail  matter 
and  rates. 


There  are  four  classes  of  domestic  mail  matter,  as  follows :  First 
class — letters,  postal-cards,  or  other  wholly  or  partly  written  matter 
and  all  matter  closed  against  inspection.  The  rates  of  postage 
(postal- cards  and  "  drop  "  letters  mailed  at  non-delivery  offices,  ex- 
cepted) are  two  cents  per  ounce  or  fraction  thereof.  Second  class — 
newspapers  and  publications  issued  at  stated  intervals  as  often  as 
four  times  a  year,  bearing  a  date  of  issue  and  numbered  consecu- 


Other  General  Powers  of  Congress  227 

tively.  When  sent  by  the  publishers  or  news-agents  the  rate  is 
one  cent  a  pound.  For  other  persons  the  rate  is  one  cent  for  four 
ounces.  Third  class — books,  proof-sheets  accompanied  by  manu- 
script copy,  and  seeds  may  be  sent  at  the  rate  of  one  cent  for  two 
ounces.  Fourth  class — all  merchandise  not  included  in  the  other 
classes  and  limited  to  four  pound  packages.  The  rate  is  one  cent 
an  ounce.  All  mail  matter  may  be  registered  by  the  payment  of 
eight  cents  in  addition  to  the  regular  postage.  A  "  special  deliv- 
ery "  ten  cent  stamp  in  addition  to  the  regular  postage  entitles  any 
mailable  matter  to  immediate  delivery  by  special  messenger,  upon 
arrival  at  the  post-oflfice  to  which  it  is  addressed. 

Money-orders  may  be  procured  at  "  money-order  "  offices  upon 
payment  of  a  small  sum.     Many  persons  use  the  post-office  as  a   Money- 
bank  of  deposit,  making  the  money-orders  payable  to  themselves.    °'^^®^^' 
Bills  have  been  before  Congress  for  the  establishment  of  a  Postal 
Savings  Bank  system  in  connection  with  post-offices.    It  is  proposed    Postal 
that  small  sums  be  taken  on  deposit  and  a  low  rate  of  interest  paid,    bankf.^ 
the  funds  being  invested  in  government  bonds.     Such  systems  are 
in  operation  in  many  European  countries,  the  British  colonies,  and 
Japan.     A  similar  institution  existed  in  the  Hawaiian  Islands  previ- 
ous to  their  annexation  to  the  United  States, 


The  United  States  is  the  only  great  nation  in  the 
world  whose  post-office  system  does  not  pay  a  profit. 
The  deficit  has  been  several  millions  of  dollars  an-  our  postal 
nually,  that  for  1901  being  $3,923,727.  This  was  caused 
largely  by  the  transportation  of  second-class  matter. 
Paper-covered  books,  bulky  catalogues,  commercial 
price-lists,  and  advertising  circulars  were  published  at 
stated  intervals  as  "  periodicals.^'  They  were  ^^  entered 
as  second-class  matter '^  and  carried  for  one  cent  a 
pound,  whereas  the  cost  to  the  government  averaged 
eight  cents  a  pound.  This  unjust  burden  upon  the 
government  becomes  manifest  when  we  consider  that 
in  the  year  1901  it  cost  117,277,783  more  to  carry 
second-class  matter  than  the  postage  paid  for  it.  The 
Postmaster- General,  in  his  annual  report  for  the  year 
1900,  referring  to   this  abuse,   said:    ''There  should 


deficit. 


228  Other  General  Powers  of  Congress 


Free 

Delivery. 


Rural  mail 
delivery. 


Report  of 
Post-Offlce 
Depart- 
ment, 1901, 
pp.  25,  26. 


be  no  abatement  of  protest  or  effort  against  the  per- 
petuation of  evils  which  have  insidiously  grown  up 
through  the  ingenious  perversion  of  the  law^s  intent  in 
furthering  private  interests,  and  which  have  now  be- 
come a  heavy  public  burden.'''  It  is  also  contended 
that  the  government  pays  exorbitant  rentals  to  railroad 
companies  for  postal  cars,  thus  increasing  the  deficit. 
Bills  before  Congress  to  remedy  these  matters  have  re- 
peatedly failed  to  pass. 

In  July,  1901,  the  Postmaster-General  issued  an  order  intended 
to  prevent  the  abuse  mentioned  above  in  connection  with  second- 
class  matter.  Hereafter  the  terms  of  the  law  will  be  strictly  con- 
strued, and  only  such  publications  as  are  genuine  periodicals,  con- 
taining current  news  or  literary  matter,  will  be  carried  at  the  one 
cent  a  pound  rate. 

One  of  the  notable  advances  in  the  mail  service  was 
the  provision  for  the  free  distribution  of  mail  in  cities 
of  10,000  inhabitants,  or  where  the  annual  postal  re- 
ceipts are  $10,000  and  above. 

A  more  notable  innovation  was  made  possible  by  an 
act  of  Congress  in  1897,  which  made  an  appropriation 
for  testing  the  advantages  of  the  free  delivery  system  in 
the  country  districts.  In  many  different  sections  of  the 
country  routes  were  established  along  which  there  is 
the  daily  collection  and  delivery  of  the  mail  from  house 
to  house.  The  plan  has  met  with  much  favor.  On  June 
30,  1902,  8,413  such  routes  had  been  established.  The 
rural  population  receiving  daily  mail  service  amounted 
to  some  5,700,000.  The  routes  organized  were  only 
about  one-half  of  the  number  asked  for.  It  has  been 
estimated  that  within  four  years  21,000,000  of  rural  resi- 
dents will  be  brought  within  its  scope.  In  the  districts 
where  such  routes  have  been  formed  there  has  been  a 
large  increase  of  postal  receipts  over  the  revenues  received 
from  the  old  system  of  rural  post-offices.*     Most  of  the 

*  During  the  year  1901-1903, 1,906  of  these  post-offices  were  discontinued. 


Other  General  Powers  of  Congress  229 

districts  pay  all  the  expenses  and  many  show  a  net 
profit.  In  addition  to  bringing  the  country  districts 
into  more  immediate  connection  with  the  centres  of 
population,  the  establishment  of  these  routes  will  bring 
about  a  more  improved  system  of  road  making.  Indeed 
it  has  practically  been  determined  that  good  roads  shall 
be  made  a  prerequisite,  and  on  one  route  the  farmers 
expended  $3,000  in  the  improvement  of  the  roads  before 
the  route  was  granted. 

Post-roads,  or  routes,  are  declared  by  statute  to  be  Post-roads. 
"  all  letter  carrier  routes  in  towns  and  cities,  all  rail- 
roads, and  canals  and  all  the  waters  of  the  United  States 
during  the  time  the  mail  is  carried  thereon." 

An  act  passed  by  Congress  in  1845  provided  for  the  transporta- 
tion of  mails  by  other  means  than  railroad  and  steamboat.  It  does  star  routes 
not  indicate  the  means  to  be  employed,  whether  wagon,  stage,  or  on 
horses,  but  states  that  the  mail  must  be  carried  with  "  certainty, 
celerity,  security."  These  routes  were  later  entered  in  the  route 
registers  as  (***),  and  thus  came  to  be  called  "star  routes." 
There  are  22,800  of  these  routes  in  operation. 

III.    COPYEIGHTS   AND   PATENTS. 

The  clause  which  provides  that  the  rights  of  authors 
and  inventors  shall  be  protected  by  suitable  Congres- 
sional enactment  was  adopted  without  debate  in  the 
Constitutional  Convention.     Congress  was  given  power 

To  promote  the  progress  of  science  and  useful  arts,  by  section  8, 
securing  for  limited  times  to  authors  and  inventors  the  ex- 
clusive right  to  their  respective  writings  and  discoveries. 

Any  person  desiring  a  copyright  must  deliver  at  the 
office  of  the  Librarian  of  Congress,  or  deposit  in  the  process  of 
mail  addressed  to  him,  on  or  before  the  day  of  publica-  copyright* 
tion,  a  printed  copy  of  the  title  of  the  book,  map,  chart,   J'g*^."**'^^^' 
dramatic  or  musical  composition,  engraving,  cut,  print, 
photograph,  or  chromo,  or  a  description  of  the  paint- 


230  Other  General  Powers  of  Congress 

ing,  drawing,  statue,  statuary,  or  a  model  or  design  for 
a  work  of  the  fine  arts  for  which  he  desires  a  copyright. 
Two  complete  printed  copies  of  the  best  edition  of  the 
book,  map,  etc.,  or  a  photograph  of  the  painting,  statue, 
etc.,  copyrighted  must  be  delivered  or  sent  to  the  Libra- 
rian of  Congress  not  later  than  the  day  of  publication. 
These  copies  must  be  printed  from  "type  set  within 
the  limits  of  the  United  States  or  from  plates  made 
therefrom,  or  from  negatives,  or  drawings  on  stone 
made  within  the  limits  of  the  United  States,  or  from 
transfers  made  therefrom."  During  the  period  of  the 
copyright  the  importation  of  foreign  copies  or  editions 
of  the  work  is  prohibited,  except  in  a  few  cases  ;  as,  a 
person  may  import  for  use,  but  not  for  sale,  two  copies 
of  such  work  by  paying  duty,  or,  in  case  the  translation 
of  a  book,  only,  is  copyrighted  the  importation  of  it  in 
the  original  language  is  allowed.  A  fee  of  fifty  cents 
must  be  paitl  to  the  Librarian  for  recording  the  title  or 
description  of  the  article  copyrighted,  and  fifty  cents  for 
furnishing  a  copy  of  this  record.  Every  copy  of  such 
book  published  must  have  on  its  title  page,  or  the  fol- 
lowing page,  a  notice  of  the  copyright,  the  usual  form 
being:  "Copyright,  19 — ,  by  A.  B.'*  In  the  case  of 
other  works,  the  mark  is  inscribed  on  some  visible  por- 
tion, or,  as  a  trade-mark,  may  be  placed  on  the  back  or 
bottom  of  an  article. 

After  complying  with  the  law  the  author,  inventor, 
designer,  or  proprietor  of  the  book,  chart,  engraving,  etc., 
may  have  the  sole  liberty  of  printing,  copying,  and  sell- 
Protection  ing  it  for  a  period  of  twenty-eight  years.  A  renewal 
copyright,  for  a  second  term  of  fourteen  years  may  be  secured 
by  complying  with  all  the  regulations  for  obtaining  the 
original  copyright.  Copyrights  may  be  sold  or  trans- 
ferred providing  the  record  is  made  in  the  office  of  the 
Librarian  of  Congress  within  sixty  days. 


Other  General  Powers  of  Congress  231 

As  early  as  1819  the  authors  of  England  and  the 
United  States  tried  to  induce  Parliament  and  Congress 
to  pass  an  international  copyright  law.  The  writings  internation- 
of  an  author  of  one  of  these  countries  were  commonly  dgh^f^" 
republished  in  the  other  country  without  his  consent. 
All  attempts  to  secure  such  legislation  were  fruitless 
until  Congress  enacted,  March  3,  1891,  that  our  copy- 
right law  should  also  apply  to  a  citizen  of  a  foreign  na- 
tion, providing  citizens  of  the  United  States  are  given 
equal  copyright  privileges  with  the  citizens  of  that 
nation,  or  in  case  such  nation  is  a  party  to  an  interna- 
tional agreement,  into  which  the  United  States  may  en- 
ter, which  provides  for  "  reciprocity  in  the  granting  of 
copyright."  Copyright  relations  have  been  established 
by  the  United  States  with  the  following  nations :  Bel- 
gium, France,  Great  Britain  and  her  possessions,  Swit- 
zerland, Germany,  Italy,  Denmark,  Portugal,  Spain, 
Mexico,  Chile,  Costa  Eica,  and  Holland. 

The  inventive  genius  of  the  American  people,  togeth- 
er with  the  protection  afforded  inventors  by  our  laws, 
account  for  the  fact  that  out  of  1,729,147  patents,  the  Patents, 
total  number  granted  in  all  countries  up  to  the  year 
1897,  over  one-third  had  been  issued  in  the  United 
States.*  In  the  year  1901,  26,481  patents  were  granted 
by  our  government.  A  person  desiring  a  patent  must 
declare  upon  oath  in  his  petition  addressed  to  the  Com- 
missioner of  Patents  that  he  believes  himself  to  be  the 
first  inventor  of  the  article  for  which  he  solicits  a  patent. 
He  must  also  submit  a  full  description  of  the  invention 
together  with  drawings,  and  if  required  by  the  commis- 
sioner, a  model  of  it.  The  sum  of  $15  is  charged  for 
filing  the  application  and  120  for  issuing  the  patent. 
The  patent  is  issued  for  seventeen  years,  but  may  be 
extended  for  seven  years  longer  by  the  Commissioner  or 

*  Report  of  the  Commissioner  of  Patents,  1897,  p.  vii. 


232  Other  General  Powers  of  Congress 


Caveat 


by  a  special  act  of  Congress,  providing  the  inventor  has 
not  received  what  is  regarded  as  an  adequate  money  re- 
turn. During  this  period,  the  patentee  has  the  exclu- 
sive right  to  manufacture  and  sell  his  invention.  He 
may  also  transfer  the  right  to  another  if  notice  is  sent 
to  the  Patent  Office. 

A  caveat  filed  in  the  Patent  Office  gives  a  description 
of  a  proposed  invention  and  secures  to  the  inventor  an 
extension  of  one  year  in  which  to  complete  his  work. 


The  Patent  Office  is  one  of  the  self-supporting  parts  of  the  gov- 
ernment. With  the  fees  there  has  been  constructed  the  building 
now  occupied  by  the  Department  of  the  Interior,  and  a  large  sur- 
plus has  been  accumulated  besides. 


IV.  Piracies  and  Felonies. 


Section  8, 
clause  10. 


Crimes  on 
the  high 
seas. 


Piracy. 
Woolsey, 
Internation- 
al Law, 
§137. 


Congress  shall  have  power  to  define  and  punish  piracies 
and  felonies  committed  on  the  high  seas  and  offences  against 
the  law  of  nations. 

The  jurisdiction  of  a  State  is  limited  by  the  low- 
water  mark.  The  United  States  has  jurisdiction  over 
the  waters  beyond  the  low-water  mark  and  extending 
three  miles  farther  into  the  ocean,  and  including  gulfs 
and  bays  ;  also  over  crimes  committed  on  vessels  of  this 
nation  upon  the  high  seas,  that  is,  the  waters  of  the 
ocean  beyond  this  limit. 

"  Piracy  is  robbery  on  the  sea,  or  by  descent  from  the 
sea  upon  the  coast,  committed  by  persons  not  holding 
a  commission  from,  or  at  the  time  pertaining  to,  any 
established  state."  The  established  punishment  for 
piracy  is  death.  Each  nation  has  the  power  to  extend 
the  definition  of  piracy,  as,  for  illustration,  in  1820 
Congress  declared  the  slave  trade  to  be  piracy.  Such  a 
law,  however,  can  be  made  to  apply  only  to  citizens  and 
vessels  belonging  to  that  nation. 


Other  General  Powers  of  Congress  233 

Felonies  are  usually  interpreted   as  including  such  Felony, 
extreme  offences  as  treason,  murder,  arson,  and  other 
crimes,  punishable  by  death  or  imprisonment  in  State 
prison. 

The  law  of  nations  or  international  law  is  defined  as  Law  of 

nations. 

follows:  "The  rules  which  determine  the  conduct  of 
the  general  body  of  civilized  States  in  their  dealing 
with  one  another."  * 


V.  Military  Powers  of  Congress. 

To  declare  war,  grant  letters  of  marque  and  reprisal,  and  Section  8, 
vfiake  rules  concerning  captures  on  land  and  water  ;  12,  is,  14.' 

To   raise  and  support  armies,  but  no  appropriation  of 
money  to  that  use  shall  be  for  a  longer  term  than  two  years. 

To  provide  and  maintain  a  navy. 

To  make  rules  for  the  government  and  regulation  of  the 
land  and  naval  forces. 

The  power  to  declare  war  in  European  nations  largely 
rests  with  the  Executive.  Such  a  plan  was  proposed  in  Deciaratioa 
the  Constitutional  Convention  but  it  was  thought  a  sov- 
ereign power  of  this  nature  ought  to  be  exercised  in  a 
Republic  by  the  representatives  of  the  people.  A  formal 
declaration  of  war  is  not  absolutely  necessary  before 
hostilities  are  begun,  but  it  is  usual. 

In  1812,  a  formal  act  was  passed  by  Congress  to  the 
effect  that  "  war  be  and  is  hereby  declared  to  exist  "  be- 
tween Great  Britain  and  the  United  States.  April  20, 
1898,  Congress  passed  resolutions  which  were  signed  by 
the  President  and  sent  as  an  ultimatum  to  Spain,  de- 
manding that  her  land  and  naval  forces  be  withdrawn 
from  Cuba  and  that  an  answer  be  returned  before  noon 
of  April  23d.  On  the  day  this  ultimatum  was  sent,  the 
Spanish  minister  at  Washington  requested  and  received 
*  Lawrence,  The  Principles  of  International  Law,  p.  1. 


234  Other  General  Powers  of  Congress 

his  passports.  On  April  21st,  before  our  minister,  Mr. 
Woodford,  was  able  to  deliver  the  decree,  the  Spanish 
government  notified  him  that  diplomatic  relations  with 
the  United  States  were  at  an  end.  Minister  Woodford 
immediately  left  Madrid  and  the  fleet  at  Key  West  was 
ordered  to  sail.  April  25th,  President  McKinley  sent  a 
\  message  to  Congress  asking  for  a  joint  resolution  de- 

claring that  a  state  of  war  existed  between  Spain  and 
the  United  States.  A  bill  was  introduced  and  at  once 
passed  both  Houses  declaring  that  war  did  exist  and 
had  existed  since  April  21st. 

Great  harm  has  been  done  to  commerce  through  the 

Privateers,  use  of  privateers  in  time  of  war.  These  are  vessels 
which  are  owned  and  ofl&cered  by  private  persons  but 
are  commissioned  through  the  granting  by  a  govern- 
ment of  letters  of  "  marque  and  reprisal."  *  With  such 
a  commission,  a  vessel  is  privileged  to  seize  the  property 
of  the  enemy  wherever  found.  In  the  Congress  of 
Paris,  of  1856,  in  which  the  chief  European  powers, 
Spain  excepted,  were  represented,  one  of  the  principles 
agreed  to  was  that  privateering  should  be  abolished. 
Although  our  government  was  not  a  party  to  the  agree- 
ment, the  President  declared  at  the  opening  of  the 
Spanish-American  War  that  its  provisions  should  be 
maintained.  Spain  declared  in  favor  of  granting  letters 
of  marque  to  privateers  but  did  not  carry  out  the 
threat. 

Captures  on  land  become  the  property  of  the  govern- 

Captures.  ment.  Prizes,  or  captures  on  the  water,  are  sold  under 
the  authority  of  the  United  States  District  Court.  The 
proceeds  are  divided  among  the  victorious  crew  in  pro- 
portion to  the  service-pay  of  each,  if  the  captured  vessel 

*  The  term  was  at  first  applied  on  land.  An  ofl&cer  thus  com- 
missioned might  pass  the  mark,  or  boundary,  and  make  reprisals  on  the 
persons  or  property  of  the  enemy. 


Other  General  Foivers  of  Congress  235 

is  of  equal  rank  with  the  captor ;   if  of  inferior  rank 
one-half  is  paid  to  the  government. 

There  was  great  jealousy  and  fear  of  the  power  of  the 
army  at  the  close  of  the  Kevolutionary  War.  In  order 
that  the  standing  army  might  not  become  unduly  large,  The  army. 
the  Constitution  provides  that  the  appropriation  for 
that  purpose  shall  not  be  for  a  longer  term  than  two 
years.  It  was  believed  that  a  check  could  then  be  im- 
posed through  the  election  of  new  Representatives. 
These  appropriations  have  ordinarily  been  made  annu- 
ally. Compared  with  the  standing  armies  of  European 
nations,  our  army  is  insignificant  in  numbers.  Prior  to 
1898  it  was  limited  to  27,000  enlisted  men.*  The  army 
of  France  on  a  peace  footing  now  numbers  573,000  men  ; 
of  Germany  687,000  ;  of  Great  Britain  217,000  ;  and  of 
Russia  949,000. 

The  President  is  ex-officio  commander-in-chief  of  the  army  and 
navy  of  the  United  States,  but  the  actual  movements  of  the  army- 
are  practically  directed  by  the  lieutenant-general,  the  officer  now 
hiffhest  in  command.     The  office  of  general  was  created  by  Con-    Officers  and 

ClftSSlfiCfl* 

gress,  March  3, 1799,  but  no  one  was  appointed  under  its  provisions,  tion  of  the 
It  was  revived  in  1866  for  Grant.  Sherman  succeeded  him  in  1869.  ^^^y- 
This  office  was  bestowed  on  Sheridan  in  1888.  The  army  is  ap- 
portioned to  three  geographical  divisions :  that  of  the  Atlantic,  of 
the  Missouri,  and  of  the  Pacific.  Each  division  is  commanded  by  a 
major-general.  These  divisions  are  subdivided  into  six  departments, 
each  having  one  or  more  brigades  of  men  in  command  of  a  briga- 
dier-general. Each  brigade  is  divided  into  regiments  commanded 
by  a  colonel  who  is  aided  by  a  lieutenant-colonel  and  a  major. 
The  adjutant,  who  acts  as  secretary  for  the  colonel,  and  the  quarter- 
master, who  looks  after  the  supplies,  are  both  officers  of  the  regi- 
ment ranking  as  first  lieutenants.  Infantry  regiments  consist  o^  ten 
companies.     The  cavalry   regiments  have  twelve  troops  or  com- 

*An  act  passed  by  Congress,  March  1,  1899,  enabled  the  toresident 
bo  increase,  for  a  term  of  two  years,  the  regular  army  to  65,000  and  to 
secure  an  additional  volunteer  force  of  35,000  men.  The  "  New  Army 
Ltaw  "  of  January,  1901,  established  the  minimum  of  men  in  the  army  at 
57,000  and  the  maximum  at  100,000. 


236  Other  General  Powers  of  Congress 

panies,  and  the  artillery  twelve  companies  or  batteries.  There  is  one 
major  in  an  infantry  regiment,  but  the  cavalry  regiment  has  three 
majors,  each  having  charge  of  a  battalion  of  four  companies.  The 
maximum  number  of  men  in  a  company  is  100.  The  commissioned 
officers  of  a  company  are  captain,  first  and  second  lieutenants, 
with  an  additional  first  lieutenant  for  the  artillery.  The  non- 
commissioned officers  are  first  sergeant,  sergeant,  and  corporal. 
Officers  above  the  rank  of  colonel  are  called  ''  officers  of  the  line  " 
and  all  others  "  field  officers." 


The  navy. 


Classes  and 
names  of 
vessels. 


Number  of 
men  and 
officers  in 
the  navy. 


The  construction  of  a  navy  in  the  modern  sense  was 
not  begun  by  our  government  prior  to  1883.  Since 
that  time  there  has  been  a  notable  advance  and  in 
1901  it  v^as  estimated  that  our  navy  was  excelled  in 
strength  only  by  those  of  Great  Britain,  France,  and 
Eussia.  That  there  was  an  appropriation  of  $36,000,- 
000  in  1899  to  be  used  in  the  construction  of  twelve 
new  warships  would  seem  to  indicate  that  Congress 
regards  it  desirable  to  strengthen  still  further  our  sea- 
power. 

A  ship  of  the  first  class  is  given  the  name  of  a  State,  one  of  the 
second  class  that  of  a  principal  city  or  river,  and  the  name  for  one 
of  the  third  class  is  selected  by  the  President.  The  navy  now 
contains  312  vessels  of  all  kinds.  Of  these  189  are  in  the  regular 
navy  and  the  remainder  constitute  an  auxiliary  force.  At  the  be- 
ginning of  the  year  1898,  the  number  of  men  on  board  the  war- 
vessels  aggregated  12,500,  but  during  that  year  the  number  was 
nearly  doubled.  The  titles  admiral  and  vice-admiral,  correspond- 
ing to  the  grades  of  general  and  lieutenant-general  in  the  army, 
were  created  by  act  of  Congress  to  be  bestowed  as  a  recognition 
for  very  distinguished  service  during  the  Civil  War  on  the  follow- 
ing men :  Admirals  Farragut  and  Porter,  and  Vice-admirals  Par- 
ragut,  Porter,  and  Rowan.  Admiral  Dewey  was  likewise  granted 
his  title  by  a  special  act  of  Congress  after  the  battle  of  Manila, 
Grades  in  the  line  of  the  navy  franking  with  the  army  officers, 
major-generals,  brigadier-generals,  colonels,  and  so  on,  are  rear- 
admirals,  captains,  commanders,  lieutenant-commanders,  lieuten- 
ants, masters,  ensigns. 

The  naval  militia  has  been  organized  in  eighteen  States.    They 


Other  General  Powers  of  Congress  237 

are  under  the  immediate  direction  of  the  governors  and  adjutant- 
generals.     When  called  into  service  during  time  of  war  they  man   mSj^a. 
the  vessels  for  the  defence  of  the  harbors,  thus  freeing  the  regu- 
lar force  to  engage  in  active  warfare. 

Since  the  organization,  in  1775,  of  the  first  marine  corps  its  mem- 
bers have  done  excellent  service  in  all  wars  in  which  the  United 
States  has  been  a  party.  Their  numbers  are  limited  to  6,000,  some 
seventy-five  being  assigned  to  each  of  the  first-class  battle-ships.  ^(S-ps?^^^^ 
They  are  armed  with  rifles  and  constitute  the  sharpshooters  of  the 
navy.     On  shore  they  perform  guard  duty  at  the  navy-yards. 

A  nation  must  depend  for  protection,  either  upon  a 
large  standing  army  or  upon  citizen- soldiers.  Since  the 
regular  army  was  to  be  small,  the  plan  to  provide  for  The  militia, 
the  militia,  met  with  but  little  opposition  in  the  Consti- 
tutional Convention.  Congress  was  accordingly  given 
the  power 

To  provide  for  calling  forth  the  militia  to  execute  the  Section  8. 
laws  of  the  Union,  suppress  insurrections  and  repel  inva- 
sions. 

To  provide  for  organizing,  arming  and  disciplining  the  clause  16. 
militia,  and  for  governing  such  part  of  them  as  may  he  em- 
ployed in  the  service  of  the  United  States,  reserving  to  the 
States  respectively  the  appointment  of  the  officers,  and  the 
authority  of  training  the  militia  according  to  the  discipline 
prescribed  hy  Congress. 

As  defined  by  Congress  the  militia  consists  of  all 
able-bodied  male  citizens  of  the  United  States  and  those  who  are 
who  have  declared  their  intention  to  become  citizens 
between  the  ages  of  eighteen  and  forty-five  years. 
They  may  be  enrolled  under  the  authority  of  the  Pres- 
ident providing  the  States  neglect  to  do  so. 

In  the  emergencies   named  in  the  clause,  the  Pres- 
ident issues   a  call  directed   to  the   governors  of  the  HowcaUed 
States  who  are  then  compelled  to  furnish  the  troops  ^^'°^®^<^®- 
requested.     The  militia  may  be  called  into  active  ser- 
vice under  their  own  State  officers  for  a  period  of  nine 


238  Other  General  Poivers  of  Congress 

months.  During  this  period  they  are  subject  to  the 
rules  and  discipline  of  the  regular  army.  On  three 
occasions  has  the  militia  been  called  out  under  this  pro- 
vision :  in  the  Whiskey  Rebellion,  in  the  War  of  1812, 
and  in  the  Oivil  War. 

That  portion  of  the  militia  regularly  organized  into 
regiments  in  the  various  States  under  officers  of  their 
The  Nation-  own  selection  is  called  the  National  Guard.  It  belongs 
to  the  separate  States  and  may  be  mustered  into  the 
service  of  the  United  States  under  the  same  conditions 
as  the  unorganized  militia. 


al  Guard. 


of  1898. 


When  war  with  Spain  was  determined  upon,  the  volunteer  army 
Volunteers  bill  was  passed  by  Congress  and  the  President  issued  a  proclamation, 
April  23d,  calling  for  125,000  volunteers  for  two  years'  service.  May 
25th,  there  was  a  second  call  for  75,000.  These  were  apportioned 
among  the  States  and  Territories  according  to  their  population.  The 
militia  could  not  be  called  out,  for  the  conditions  mentioned  in 
clause  15  did  not  apply,  and  it  was  necessary  to  resort  to  the  volun- 
teer service.  Preference  was  given  to  those  volunteers  who  were 
members  of  the  organized  militia. 


VI.  Location  of  the  Capital. 

The  Congress  of  the  Confederacy,  in  1783,  while  in 
session  at  Philadelphia,  made  a  fruitless  appeal  to  the 
authorities  of  Pennsylvania  for  protection  against  the 
menaces  of  a  portion  of  the  unpaid  Revolutionary  army, 
and  was  compelled  to  leave  the  city.  The  agitation 
arising  over  this  incident  doubtless  led  to  the  Constitu- 
tional provision : 
Section  8,  Cougress  shall  have  the  power  to  exercise  exclusive  legis- 

lation in  all  cases  whatsoever  over  such  district  (not  exceeding 
ten  miles  square)  as  may,  hy  cession  of  particular  States,  and 
the  acceptance  of  Congress,  become  the  seat  of  the  govern- 
rnent  of  the  United  States,  and  to  exercise  like  authority  over 


clause  17. 


Other  General  Powers  of  Congress  239 

all  places  purchased  by  the  consent  of  the  legislature  of  the 
State  in  which  the  same  shall  be,  for  the  erection  of  forts, 
magazines,  arsenals,  dock-yards,  and  other  needful  buildings. 
After  a  notable  contest,  Congress  in  1790  accepted 
the  cession  of  ten  miles  square  of  land  in  which  to  locate 
the  National  capital,  offered  by  the  States  of  Maryland 
and  Virginia  and  situated  on  the  Potomac  Kiver.  Some  District  of 
thirty  square  miles  were  afterward  re-ceded  to  Virginia.  ^  ^^ 
New  York  had  been  the  capital  since  1785.  In  1790,  it 
was  again  located  at  Philadelphia  for  ten  years,  and  was 
then  transferred  to  the  District  of  Columbia. 

The  local  affairs  of  the  District  are  administered  by  three  com- 
missioners :  a  Republican,  a  Democrat,  and  an  officer  of  the  En- 
gineer Corps  of  the  army.  They  are  appointed  by  the  President  and  Government 
confirmed  by  the  Senate  for  a  term  of  three  years,  and  each  has  a  J^ct^^  ^^^ 
salary  of  $5,000  per  annum.  They  are  granted  the  privilege  of 
originating  many  bills  relative  to  the  affairs  of  the  District,  which 
then  pass  through  the  ordinary  course  of  legislation  in  Congress. 
All  other  officers  are  appointed  by  the  President,  the  inhabitants  not 
having  the  right  of  the  ballot  in  a  single  instance.  One-half  the  ex- 
penses of  the  government  is  provided  for  through  Congressional  ap- 
propriations.    The  remainder  is  met  by  taxation  in  the  District. 

When  the  States  sell  land  to  the  general  government  to  be  used  for 
forts,  magazines,  and  other  purposes,  they  usually  reserve  the  right   Forts  and 
to  serve  civil  and  criminal  writs  on  persons  within  the  ceded  ter-    ^J^senals. 
ritory.     Such  places  cannot,  in  consequence,  become  asylums  for 
fugitives  from  justice. 


VII.  Implied  Powers. 

We  are  now  to  consider  one  of  the  most  important 
grants  of  power  to  Congress  : 

To  make  all  laws  which  shall  be  necessary  and  proper  for  sections, 
carrying  into  execution  the  foregoing  powers  and  all  other  ^^*^^  ^^' 
powers  vested  by  this  Constitution  in  the  government  of  the 
United  States  or  in  any  department  or  officer  thereof. 

Our  National  development  has  been  largely  depend- 


240  Other  General  Powers  of  Congress 


strict  and 
loose  con- 
struction. 


The  posi- 
tions of 
political 
parties. 


ent  upon  the  liberal  construction  given  this  clause,  which 
is  often  called  the  "  elastic  clause  "  of  the  Constitution. 
The  question  of  its  real  interpretation  arose  over  the 
problem  of  establishing  the  first  United  States  Bank  in 
1791.  Madison  urged,  when  the  measure  was  being 
considered  in  the  House  of  Representatives,  that  Con- 
gress did  not  possess  the  power  of  establishing  such  a 
corporation,  since  it  was  not  expressly  granted  by  the 
Constitution.  When  President  Washington  referred  it 
to  his  Cabinet  for  consideration,  Jefferson  took  a  similar 
position.  Hamilton  maintained,  on  the  other  hand,  that 
the  power  was  implied  in  the  foregoing  clause,  and  that 
if  the  bank  were  "  necessary  and  proper  to  carry  out  any 
specific  powers,  such  as  taxation  and  the  borrowing  of 
money,  then  Congress  might  create  a  bank  or  any  other 
public  institution  to  serve  its  ends."  We  have  here  the 
first  assertions  of  the  doctrines  of  the  strict  and  loose 
constructions  of  the  Constitution.  A  few  of  the  other 
great  questions,  besides  that  of  the  United  States  Bank, 
which  have  led  to  the  definition  of  these  views  have  been, 
Has  Congress  the  right  to  make  appropriations  for  in- 
ternal improvements  ?  Does  the  Constitution  allow  the 
establishment  of  a  protective  tariff  or  the  acquisition  of 
territory?  Is  not  the  making  of  paper  money  legal 
tender  unconstitutional  ?  In  general,  the  views  on  the 
interpretation  of  the  Constitution  held  by  Hamilton  and 
the  Federalists  have  been  those  of  the  Whig  and  the 
Republican  parties,  and  those  held  by  Jefferson  and  the 
anti-Federalists  have  constituted  the  guiding  principles 
of  the  Democratic  party.  Strictly  speaking,  however, 
the  party  in  power  have  been  loose  constructionists  and 
their  opponents  have  been  strict  constructionists.  A 
study  of  the  questions  just  indicated  shows  that  there 
has  been  present  the  tendency,  throughout  the  history  of 
our  Nation,  to  advance  the  principle  of  the  broad  inter- 


other  General  Powers  of  Congress  241 

pretation  of  the  Constitution,  and  this  has  led  to  the 
taking  of  an  advanced  position  by  the  party  of  strict  in- 
terpretation. Thus  the  Democratic  party  of  1850  would 
be  considered  the  party  of  liberal  interpretation  if  com- 
pared with  the  Democratic- Eepublican  party  of  Wash- 
ington's administration. 

Mr.  Bryce  has  well  said  :  "  The  interpretation  which 
has  thus  stretched  the  Constitution  to  cover  powers  once 
undreamt  of  may  be  deemed  a  dangerous  resource.  But 
it  must  be  remembered  that  even  the  Constitutions  we 
call  rigid  must  make  their  choice  between  being  bent  or 
being  broken.  The  Americans  have  more  than  once 
bent  their  Constitution  in  order  that  they  might  not  be 
forced  to  break  it."  * 


Supplementary  Questions  and  References. 

1.  a.  The  following  references  are  good  on  the  subject  of 

postal    reform:    Forum,   24:471-475;    723-728; 
N.  Am.  Rev.,  166  :  342-349  ;  172  :  420-480. 

b.  Should  postal  savings-banks   be  established?    N. 

Am.  Rev.,  172  :  551-554. 

c.  Should  there  be    a  system  of    postal  telegraphy? 

Century  Mag.,  59:952-956;  N.  Am.  Rev.,  172: 
554-556. 

2.  For  the  methods  employed  in  the  patent  ofiBce  and  a 
comparison  between  our  system  and  that  of  European  na- 
tions, see  The  United  States  Patent  Oflace,  Century  Mag. , 
61  :  346-356. 

3.  a.  Is  our  army  degenerate?    Forum,  27  :  11-23. 

6.  Describe  the  organization  of  our  army.     Harper's 
Mag.,  80  :  493-509 ;  Forum,  21  :  34-48. 

4.  a.  For  an  interesting  account  of  the  army  and  navy  at 

the  opening  of  the  war  with  Spain,  see  Lodge, 
Harper's  Mag.,  98  :  833-858. 

^  Bryce,  American  Commonwealth,  I,  390. 


242  Other  General  Powers  of  Congress 

b.  How  is  the  success  of  our  navy  in  the  war  with  Spain 
accounted  for  ?  Atl.  Mo.,  82  :  605-616;  Scribner's 
Mag.,  24:529-539. 

5.  What  was  the  character  of  our  navy  prior  to  1883? 
Harrison,  This  Country  of  Ours,  251-255. 

6.  The  condition  of  our  navy  at  the  opening  of  the  Span- 
ish-American War.  Rear-Admiral  W.  T.  Sampson,  Cen- 
tury Mag.,  57:886-913. 

7.  The  process  of  the  construction  and  cost  of  a  battle- 
ship.    Century  Mag.,  48  :  347-352. 

8.  Our  naval  progress  compared  with  other  nations. 
Rev.  of  R's,  17  :  70-71. 

9.  What  were  the  conditions  which  led  to  the  escape  of 
Congress  to  Princeton  ?    Fiske,  Critical  Period,  109-114. 

10.  What  special  problem  was  connected  with  the  loca- 
tion of  the  capital?  How  was  it  finally  settled?  Hart, 
American  History  Told  by  Contemporaries,  III,  269-272  ; 
Schouler,  I,  152-156  ;  McMaster,  I,  555-562. 

11.  The  development  of  Washington  during  the  one  hun- 
dred years  of  its  existence  is  discussed  in  Rev.  of  R's,  22 : 
675-686  ;  Forum,  30  :  545-554. 

12.  For  the  influence  of  the  implied  powers,  see: 

a.  Internal  improvements.  Hart,  American  History 
Told  by  Contemporaries,  III,  436-440;  Walker, 
The  Making  of  the  Nation,  204,  205,  262,  263; 
Hart,  Formation  of  the  Union,  227-229,  253-255. 

6.  The  United  States  Bank.  Hart,  American  History 
Told  by  Contemporaries,  III,  446-450  ;  Hart,  For- 
mation of  the  Union,  150-151,  226-227  ;  Walker, 
The  Making  of  the  Nation,  82-83. 

c.  The  annexation  of  territory.     Hart,  American  His- 

tory Told  by  Contemporaries,  III,  373  -  376  ; 
Walker,  The  Making  of  the  Nation,  177  - 184  ; 
Hart,  The  Formation  of  the  Union,  188. 

d.  Legal  tender  cases.     Wilson,  Division  and  Reunion, 

280-281.     See  also  p.  214. 


CHAPTEK  XXI 

POWERS  DENIED  THE  UNITED   STATES  AND  THE 
SEVERAL    STATES 

After  an  enumeration  of  certain  powers  granted  to 
Congress,  we  come  next  to  consider  those  retained  by 
the  people.  They  represent  the  fruits  of  centuries  of  Prohibi- 
contests  which  not  even  the  representatives  of  the  peo-  United 
pie  should  be  privileged  to  destroy.  In  like  manner, 
at  the  time  of  the  formation  of  the  Constitution  it  was 
desirable  that  the  general  government  should  be  pro- 
tected from  the  encroachments  of  the  individual  States. 

Traffic  in  slaves  was  general  among  civilized  nations 
in  1787.  It  is  satisfactory  to  note,  therefore,  that  a 
majority  of  the  delegates  in  the  Convention  favored  the 
prohibition  of  the  slave  trade  immediately.  All  of  slave  trade 
the  States,  Georgia,  North  Carolina,  and  South  Caro- 
lina excepted,  had  already  prohibited  it.  Through  fears 
that  the  adoption  of  the  Constitution  would  be  endan- 
gered, a  concession  was  finally  made  to  these  States  by 
a  compromise  which  provided  that  the  slave  trade  should 
not  be  prohibited  for  a  period  of  twenty  years. 

The  migration  or  importation  of  such  persons  as  any  of  Article  i, 
the  States  now  existing  shall  think  proper  to  admit,  shall  clause  i. ' 
not  be  prohibited  by  Congress  prior  to  the  year  one  thou- 
sand eight  hundred  and  eight,  but  a  tax  or  duty  may  be  im- 
posed on  such  importation,  not  exceeding  ten  dollars  for 
each  person. 

Such  a  tax  was  never  imposed.     It  was  found  that 
the  law  of  1807  which  was  to  take  effect  January  1, 1808, 

^43 


244 


Powers  Denied  the  United  States 


Section  9, 
clause  2. 


Habeas 
corpus. 


and  thus  carry  out  the  intention  of  this  clause,  did  not 
wholly  stop  the  traffic.  Congress,  therefore,  in  1820,  de- 
clared the  slave  trade  to  be  piracy  punishable  with  death. 

The  privilege  of  the  writ  of  habeas  corpus  shall  not  be 
suspended,  unless  when  in  cases  of  rebellion  or  invasion  the 
public  safety  may  require  it. 

A  writ  of  habeas  corpus  is  a  writ  granted  by  a  court 
commanding  an  officer  to  produce  before  it  the  body  of 
a  prisoner,  that  the  court  may  inquire  into  the  cause  of 
imprisonment  or  detention.  If  after  such  inquiry,  it 
is  found  that  a  person  is  detained  for  insufficient  cause, 
he  is  given  his  freedom.  Congress  has  been  given,  by 
judicial  decision,  the  right  to  suspend  the  writ  in  case 
of  rebellion  or  invasion,  but  may  grant  this  right  to  the 
President. 


Mr.  Lincoln 
and  the  sus- 
pension of 
the  writ. 


On  April  27,  1861,  for  the  first  time  in  the  history  of  the  Nation, 
President  Lincoln  ordered  the  writ  suspended  between  Philadelphia 
and  Washington.  Not  until  March  3,  1863,  did  Congress  legalize 
this  act  of  the  President  and  authorize  him  to  suspend  the  writ 
throughout  the  United  States,  during  the  war,  whenever  he  be- 
lieved the  public  safety  demanded  it.  President  Lincoln  had 
already  authorized  its  suspension,  at  different  times,  over  limited 
areas.  In  September,  1863,  he  declared  the  suspension  general 
throughout  the  country. 


Clause  3. 


Bill  of  at- 
tainder. 


Story,  On 
the  Consti- 
tution, n, 
216. 


No  bill  of  attainder  or  ex  post  facto  law  shall  be  passed. 

*'  Bills  of  attainder  are  such  special  acts  of  the  legis- 
lature as  inflict  capital  punishments  upon  persons  sup- 
posed to  be  guilty  of  high  offences,  such  as  treason  and 
felony,  without  any  conviction  in  the  ordinary  course  of 
proceedings.  If  an  act  inflicts  a  milder  degree  of  pun- 
ishment than  death  it  is  called  a  bill  of  pains  and  penal- 
ties." The  great  abuses  under  such  a  law  grow  out  of 
the  fact  that  persons  may  be  deprived  of  life,  liberty,  or 
property  without  judicial  procedure,  and  such  actioQ 
would  be  intolerable  in  the  United  States, 


Powers  Denied  the  United  States  245 

The  Supreme  Court  has  given  the  following  definition  : 
"  An  ex  post  facto  law  is  one  which  renders  an  act  pun-  ex  post 
ishable  in  a  manner  in  which  it  was  not  punishable 
when  it  was  committed.     The  phrase  applies  to  acts  of 
a  criminal  nature  only.     .     .     .     Laws  which  mitigate  stoiy,  On 
the  character  or  punishment  of  a  crime  already  com-  tution.n," 

220  221 

mitted,  may  not  fall  within  the  prohibition,  for  they  are 
in  favor  of  the  citizen. "  * 

No  money  shall  be  drawn  from  the  Treasury,  but  in  con-  clause  7. 
sequence  of  appropriations  made  by  law;  and  a  regular 
statement  and  account  of  the  receipts  and  expenditures  of 
all  public  money  shall  be  published  from  time  to  time. 

It  is  proper  in  a  government  such  as  ours  that  the 
control  of  the  public  money  should  be  lodged  with  the  care  of 
representatives  of  the  people.     Through  the  annual  re-  money, 
port  of  the  Secretary  of  the  Treasury,  the  people  may 
know  from  what  sources  our  revenues  are  derived  and 
for  what  purposes  the  money  is  expended. 

No  title  of  nobility  shall  be  granted  by  the  United  States  ;  clause  8. 
and  no  person  holding  any  office  of  profit  or  trust  under 
them  shall,  without  the  consent  of  the  Congress,  accept  of 
any  present,  emolument,  office,  or  title  of  any  kind  whatever 
from  any  king,  prince  or  foreign  state. 

An  amendment  proposed  in  1809  provided  that  any- 
one who  accepted  a  title  of  nobility  or,  without  the  con-  Titles  of 
sent  of  Congress,  a  present,  office,  or  emolument  from  ^° 
any  foreign  sovereign  or  state  should  cease  to  be  a  citi- 
zen of  the  United  States  and  be  incapable  of  holding 
any  office  therein.  That  the  spirit  of  antagonism  to  a 
titled  citizenship  was  general  is  shown  by  the  fact  that 
this  amendment  passed  both  Houses  of  Congress, 
received  the  sanction  of  twelve  States,  and  failed  of 
ratification  by  only  one  vote. 

*  Section  9,  clause  4,  is  discussed  under  National  Finances,  p.  188. 
Section  9,  clauses  5  and  6,  are  discussed  under  Commerce,  pp.  197, 198. 


246 


Poivers  Denied  the  States 


Gifts  from 

foreign 

states. 


Section  10, 
clause  1. 
Absolute 
prohibi- 
tions on  the 
States. 


The  States 
and  money. 


Obligation 
of  con- 
tracts. 


Section  10, 
clause  2. 
Conditional 
prohibi- 
tions on  the 
States. 


It  was  hoped  through  the  second  part  of  the  clause 
that  public  officers  would  be  removed  from  the  dangers 
of  bribery  by  foreign  nations.  Congress  may  allow 
gifts  to  be  accepted  by  our  officials  but  usually  they 
pass  into  the  control  of  the  government. 

No  State  shall  enter  into  any  treaty,  alliance  or  confed- 
eration ;  grant  lettersjof  marque  and  reprisal,  coin  money, 
emit  bills  of  credit ;  make  anything  hut  gold  and  silver  coin 
a  tender  in  payment  of  debts  ;  pass  any  bill  of  attainder, 
ex  post  facto  law,  or  law  impairing  the  obligation  of  con- 
tracts, or  grant  any  title  of  nobility. 

It  is  obvious  that  the  power  to  enter  into  treaties,  al- 
liances, and  confederations  or  to  grant  letters  of  marque 
and  reprisal  should  be  confined  to  the  general  govern- 
ment alone.  Otherwise,  there  would  be  constant  danger 
that  the  individual  States  might  enter  into  alliances  or 
grant  privileges  which  would  tend  to  destroy  the  Union. 
Congress  had  already  been  given  the  power  to  coin  money 
and  regulate  its  value.  Hopeless  confusion  must  ensue 
were  the  States  to  be  given  like  powers.  During  the 
colonial  and  revolutionary  periods  there  were  many  not- 
able examples  of  the  evils  which  always  followed  the 
issue,  by  the  States,  of  paper  money  designed  to  circulate 
as  a  legal  tender. 

When  two  or  more  persons  enter  into  a  compact  "  to 
do  or  not  to  do  a  particular  thing"  which  is  legally 
binding  upon  them,  no  State,  may,  in  any  way,  modify 
this  agreement.  This  interpretation  was  established  by 
the  decision  in  the  celebrated  Dartmouth  College  case.* 

No  State  shall,  without  the  consent  of  the  Congress,  lay 
any  imposts  or  duties  on  imports  or  exports  except  what 
may  be  absolutely  necessary  for  executing  its  inspection 
laws ;  and  the  net  produce  of  all  duties  and  imposts  laid  by 
any  State  on  imports  or  exports,  shall  be  for  the  use  of  the 
*  See  Magruder,  John  Marshall,  American  Statesmen  Series,  190-193. 


Powers  Denied  the  States  247 

Treasure/  of  the  United  States ;  and  all  such  laws  shall  be 
subject  to  the  revision  and  control  of  the  Congress. 

No  State  shall,  without  the  consent  of  Congress,  lay  any  section  lo, 
duty  of  tonnage,  keep  troops  or  ships  of  war  in  time  of  oKr  con- 
peace,  enter  into  any  agreement  or  compact  with  another  proMW- 
State  or  with  a  foreign  power,  or  engage  in  war,  unless  act-  stSes?^ 
ually  invaded  or  in  such  imminent  danger  as  will  not  admit 
of  delay. 

Were  the  States  given  power  to  lay  tonnage  dues  (a 
tax  on  ships  by  the  ton  according  to  their  carrying  ca- 
pacity), it  would  interfere  with  the  regulation  of  com- 
merce by  Congress.  No  justification  for  the  remaining 
prohibitions  is  needed,  for  if  these  powers  were  possessed 
by  the  States  the  Union  might  quickly  be  destroyed. 


CHAPTER  XXir 
THE  EXECUTIVE   DEPARTMENT 

Nomination  of  Peesident  and  Vice-Pkesident. 

The  great  weakness  of  the  government  under  the 
Confederation  grew  out  of  the  fact  that  there  existed 
The  Bxecu-  no  adequate  executive.  The  desire  to  remedy  this  de- 
fect was  general  and  all  of  the  plans  submitted  in  the 
Constitutional  Convention  made  provision  for  an  exec- 
utive. There  was  no  agreement,  at  first,  as  to  whether 
the  executive  power  should  be  vested  in  one  person  or 
more  than  one.  The  fear  of  a  monarch  was  deep-seated 
in  the  minds  of  the  people.  Finally,  the  desire  to  se- 
cure energy  in  the  execution  of  governmental  affairs  and 
responsibility  led  to  the  determination  to  provide  for  a 
single  executive. 

It  was  proposed  in  the  draft  submitted  by  Mr.  Pinck- 
ney,  that  the  executive  power  should  be  vested  in  a  Presi- 
dent of  the  United  States  of  America  who  should  have 
Title  and  the  title,  "His  Excellency."  *  The  term  President  was 
term  of  the  in  common  usage  ;  Congress  had  called  its  chief  officer 
President,  and  the  chief  magistrates  in  some  of  the 
States  bore  the  same  name.  Much  discussion  was 
aroused  over  the  question  of  the  proper  duration  of  the 

*  The  proposition  was  made,  in  Congress,  soon  after  the  government 
went  into  operation,  that  some  more  dignified  title  should  be  applied  to 
the  President.  "  His  Highness,  the  President  of  the  United  States  and 
Protector  of  their  Liberties,"  "  His  Patriotic  Majesty,"  "  His  High 
Mightiness,"  and  other  aristocratic  titles  were  suggested.  But  an  agree- 
ment was  reached  that  he  should  be  addressed  in  oflBicial  documents  a» 
the  "  President  of  the  United  States." 

248 


The  Executive  Department  249 

term  of  office.  Hamilton  and  Madison  favored  a  con- 
tinuance in  office  during  good  behavior.  A  term  of 
three  years  and  one  of  seven  years  were  also  recom- 
mended during  the  early  days  of  the  Convention.  The 
proposition  to  choose  the  Executive  for  seven  years  was 
at  first  carried  by  a  majority  of  only  one  vote  ;  but  when 
the  clause,  "  to  be  chosen  by  the  National  Legislature," 
was  added,  eight  States  agreed  to  it.  That  the  Presi- 
dent should  not  be  eligible  for  re-election  was  deter- 
mined by  the  same  number  of  votes.  So  the  clause 
stood  in  the  first  draft  of  the  Constitution.  Toward 
the  close  of  the  Convention,  upon  recommendation  of  a 
committee  that  the  method  of  election  previously  agreed 
to  should  be  changed,  the  length  of  term  was  fixed  at 
four  years.  It  was  then  declared,  too,  that  by  this 
change  the  President  might  be  elected  for  more  than  a 
single  term.     So  the  clause  finally  read  : 

The  executive  power  shall  be  vested  in  a  President  of  the  Article  n. 
United  States  of  America.     He  shall  hold  his  office  during  clause  i.' 
the  term  of  four  years,  and,  together  with  the  Vice-Presi- 
dent, chosen  for  the  same  term,  be  elected  as  follows  : 

No  problem  in  the  Constitutional  Convention  was  more 
difficult  of  solution  than  that  of  determining  the  method 
by  which  the  President  was  to  be  chosen,  and  it  is  said  Method  of 
to  have  occupied  one  -  seventh  of  the  entire  time  of  the 
Convention.  Many  plans  were  proposed.  Among  them 
were  those  which  provided  for  the  selection  by  Con- 
gress ;  by  the  people  ;  and  by  Electors  who  should  be 
appointed  as  the  State  legislatures  might  direct.  The 
method  most  in  favor  for  a  considerable  time  proposed 
that  the  President  should  be  chosen  by  Congress.  The 
argument  which  led  to  a  reversal  of  the  decision  toward 
the  end  of  the  Convention  was  that  the  President  would 
be  liable  to  become  a  tool  in  the  hands  of  the  dominant 
party  in  Congress.     This  desire  to  escape  any  official 


election. 


250 


The  Executive  Department 


"  The  Fed- 
eralist," No. 


Section  1, 
claase  2. 
Appoint- 
ment of 
Electors. 


influence  led  to  the  adoption  of  the  clause  that :  "  No 
Senator  or  Representative,  or  person  holding  a  position 
of  trust  or  profit  under  the  United  States,  shall  be  ap- 
pointed an  Elector."  There  was  general  distrust  of  the 
method  of  election  by  the  people  because  of  the  "tumult 
and  disorder  "  which  it  was  believed  would  be  the  ac- 
companiment of  such  an  important  choice.  Then,  too, 
the  belief  was  general  in  the  Convention  that  the  people 
would  not  be  sufficiently  well  informed  concerning  the 
qualifications  of  men  who  were  suitable  for  the  Presi- 
dency. 

These  views  are  set  forth  in  "  The  Federalist "  as  follows : 
"  The  immediate  election  should  be  made  by  men,  the 
most  capable  of  analyzing  the  qualities  adapted  to  the 
station  and  acting  under  circumstances  favorable  to  de- 
liberation and  to  a  judicious  combination  of  all  the 
inducements  which  ought  to  govern  their  choice.  A  small 
number  of  persons,  selected  by  their  fellow-citizens  from 
the  general  mass  for  this  special  object,  would  be  most 
likely  to  possess  the  information  and  discernment  and 
independence  requisite  to' so  complicated  an  investiga- 
tion." Besides,  it  was  thought  this  method  would  insure 
the  election  of  a  man  "in  an  eminent  degree  endowed 
with  the  requisite  qualifications  .  .  .  of  a  man 
pre-eminent  for  ability  and  virtue."  The  Convention  at 
last  decided  in  favor  of  giving  the  selection  of  the  Pres- 
ident and  the  Vice-President  into  the  hands  of  inde- 
pendent Electors,  whose  appointment  was  provided  for 
as  follows : 

Each  State  shall  appoint,  in  such  manner  as  the  legislat- 
ure thereof  may  direct,  a  number  of  Electors  equal  to  the 
whole  number  of  Senators  and  Bepresentatives  to  which  the 
State  may  be  entitled  in  the  Congress ;  but  no  Senator  or 
Bepresentative,  or  person  holding  an  office  of  trust  or  profit 
under  the  United  States,  shall  be  appointed  an  Elector. 


The  Executive  Department  251 

Many  different  methods  of  choosing  Electors  have 
been  used.  The  favorite  at  first  was  that  each  State  legis- 
lature chose  the  Electors  for  its  State.  South  Carolina 
used  this  method  until  1868.  The  district  method  has 
also  been  used,  by  which  an  Elector  is  chosen  in  each  of 
the  Congressional  districts  and  two  for  the  State  at  large. 
This  method,  which  most  nearly  expresses  the  wishes  of 
the  people,  has  been  used  but  once  since  1832.*  At  the 
present  time,  the  Electors  are  elected  in  each  State  on  a 
general  ticket  by  direct  vote.  Each  political  party  nom- 
inates a  "  number  of  Electors  equal  to  the  whole  number 
of  Senators  and  Representatives  to  which  the  State  may 
be  entitled  in  Congress." 

The  nominations  of  candidates  for  the  ofl&ce  of  Elec- 
tor are  usually  made  at  the  State  Conventions  of  the 
different  parties  when  they  nominate  State  tickets. 
These  occur  usually  in  August  or  September  preceding 
the  November  election.  Each  person  then  votes  for  the 
entire  number  of  Electors  to  which  his  State  is  entitled, 
and  will  naturally  vote  for  all  the  Electors  of  his  party 
ticket.  The  political  party,  therefore,  which  receives 
the  majority  of  the  votes  in  a  State  secures  all  the  Elec- 
toral votes  of  that  State. f 

*  In  1892,  Michigan  chose  her  Electors  by  districts.  A  test  case  was 
brought  before  the  United  States  Supreme  Court  on  the  ground  of  un- 
constitutionality. It  was  decided  that  the  Legislature  had  acted  within 
its  powers,  but  two  years  later  the  law  was  repealed. 

t  It  has  sometimes  happened,  however,  when  the  election  in  a  State 
has  been  close  that  one  or  more  of  the  Electors  on  a  minority  ticket  have 
run  ahead  of  the  other  candidates  on  that  ticket  and  have  secured  a 
larger  number  of  votes  than  candidates  on  the  majority  ticket,  thus  ob- 
taining an  election.  California,  in  1892,  gave  one  Electoral  vote  to  Mr. 
Harrison  and  eight  to  Mr.  Cleveland,  and  again,  in  1896,  gave  eight  votes 
to  Mr.  McKinley  and  one  to  Mr.  Bryan.  Kentucky,  in  1896,  cast  twelve 
votes  for  Mr.  McKinley  and  one  for  Mr.  Bryan. 

Instances  have  occurred  in  which  two  weaker  political  parties  have 
combined  in  their  Electoral  ticket  against  a  stronger  party  and  by  such  a 
fusion  have  been  able  to  carry  a  State,  thus  dividing  the  Electoral  votes 
of  that  State  between  them. 


252  The  Executive  Department 

It  was  originally  intended  that  the  Electors  should 
exercise  the  right  of  free  choice,  but  on  account  of 
the  growth  of  the  power  of  political  parties  they  do 
not.     They  are  pledged  to  vote  for  candidates  already 

Nomination   nominated  in  party  Conventions.     So  we  know  the  day 

dates  for       foUowiug  the  election  who  is  to  be  the  next  President. 

and  Vice-  The  framers  of  the  Constitution  did  not  anticipate  such 
an  influence  and  considered  no  plans  for  nominating 
candidates.  But  as  this  has  become  the  real  method 
by  which  Presidents  are  selected,  we  shall  consider  next 
the  place  of  National  Conventions. 

The  National  Conventions  of  both  the  great  parties 

The  Nation-  are  made  up  of  twice  as  many  delegates  from  the  differ- 

a1  C^OTlVflTl-  

tions.  ent  states  as  these  States  have  Representatives   and 

Senators  in  Congress.  There  are  also  chosen  as  many 
alternates  as  delegates.  The  place  of  a  delegate  is 
taken  by  his  alternate  when  the  delegate  is  not  able  to 
attend  the  Convention.  These  delegates  are  chosen 
by  Conventions  in  the  different  States  in  April  or  May 
of  the  Presidential  election  year.  According  to  the  us- 
ual method,  two  delegates  are  selected  for  each  of  the 
Congressional  districts  by  the  district  Conventions  of 
each  party  and  four  delegates-at-large  are  chosen  by 
the  State  Conventions.  In  some  States  all  the  dele- 
gates of  a  party  are  selected  in  the  State  Convention. 
The  Republican  party  Convention  also  admits  to  full 
membership  two  delegates  from  each  Territory  and  one 
from  the  District  of  Columbia. 

The  National  Convention  is  held  in  some  leading  city 
during  the  month  of  June  or  July  of  the  year  in  which 
a  President  is  to  be  elected.  A  few  days  before  the  day 
set  for  the  Convention  the  delegates,  together  with  many 
thousands  of  politicians,  newspaper  reporters,  and  sight- 
seers, flock  to  that  city.  Head-quarters  are  established 
and  delegations  *'  labored  with  '*  in  behalf  of  the  differ- 


The  Executive  Department  253 

ent  candidates.  On  the  day  appointed,  the  Convention 
is  called  to  order  by  the  chairman  of  the  National  com- 
mittee under  whose  auspices  the  Convention  is  to  be 
held.  A  temporary  chairman  is  elected,  clerks  and  sec- 
retaries are  appointed,  and  rules  for  the  government  of 
the  Convention  are  adopted.  Committees  are  then  made  Work  of  th* 
up,  the  most  important  being  those  on  credentials  and  convention 
resolutions,  and  the  Convention  adjourns  to  await  their 
report.  In  the  next  session,  a  permanent  chairman  is 
usually  selected  and  the  report  of  the  committee  on  res- 
olutions, which  sets  forth  the  platform  embodying  party 
doctrines  and  principles,  is  given.  Then  follow  the 
nominations.  The  roll  of  States  is  called  and  the 
names  of  the  various  favorites  are  placed  before  the 
Convention  as  their  home  States  are  reached.  A  State 
sometimes  waives  its  privilege  in  behalf  of  some  other 
State  which  has  a  candidate  to  present.  Again,  the 
clerk  calls  the  roll  of  the  States  and  each  chairman  of 
a  delegation  announces  the  votes  from  his  State.  In  the 
Eepublican  Convention,  an  absolute  majority  of  the 
number  of  delegates  voting  is  sufficient  for  nomination. 
No  nomination  is  possible  in  the  Democratic  Conven- 
tion except  by  the  vote  of  two-thirds  of  the  delegates 
voting.  Then  follows  the  selection  of  a  candidate  for 
Vice-President.  In  this  choice  the  attempt  is  made  to 
secure  some  man  who  will  add  strength  to  the  party 
and  who  comes  from  a  different  section  of  the  country 
from  that  represented  by  the  candidate  for  the  Presi- 
dency. He  may,  as  in  the  cases  of  Tyler  and  Johnson, 
represent  a  faction  of  the  party  that  is  not  in  entire 
agreement  with  the  majority. 

A  National  committee  is  also  appointed,  made  up  of 
one  member  from  each  State  nominated  by  the  State 
delegation.  This  committee  is  elected  before  the  nomi- 
Mtions  have  bee»  made.     The  wishes  of  the  nomine^ 


254 


The  Executive  Dejpartment 


The  Nation- 
al commit- 
tee. 


prevail  in  the  choice  of  the  chairman.  The  com- 
mittee occupies  a  position  of  great  importance, 
for  .by  it  the  platform  of  the  party  is  largely  de- 
termined. We  have  here  a  hody  of  men  not  men- 
tioned by  the  Constitution  but  exerting  vastly  greater 
influence  upon  the  election  of  President  than  does  the 
Electoral  College  itself.  The  campaign  is  organized  by 
this  committee.  Money  is  secured,  speakers  are  se- 
lected, and  party  literature  is  sent  out  by  it.  The  com- 
mittee looks  after  the  interests  of  the  party  during  the 
ensuing  four  years  and  issues  the  call  for  the  next 
National  Convention. 


Campaign 


Early  meth- 
ods of  nom- 
inating. 


Some  idea  of  the  extent  of  the  National  committee's  power 
may  be  gathered  when  we  consider  the  size  of  the  campaign  fund 
intrusted  to  its  care.  It  is  said  that  the  whole  cost  of  conduct- 
ing the  campaign  in  which  Mr.  Lincoln  was  elected  for  the  sec- 
ond time  amounted  to  $100,000.  The  amount  of  money  spent 
by  each  of  the  two  National  committees  in  1900  is  estimated  at 
$5,000,000.  A  large  proportion  of  this  sum  was  expended  in  the 
establishment  of  National  committee  head-quarters,  in  the  publica- 
tion and  distribution  of  campaign  literature,  and  in  meeting  the  ex- 
penses of  speakers.  It  is  probably  not  an  overestimate  to  say  that 
$20,000,000  were  expended  by  the  National,  State,  Congressional, 
county,  and  ward  committees  in  conducting  the  campaign  of  1900. 

Like  the  development  of  other  political  usages,  the  method  of 
nominating  a  President  passed  through  several  stages  before  the 
present  plan  of  nominating  conventions  was  reached.  No  nomina- 
tions were  made  in  the  first  two  Presidential  elections  and  Wash- 
ington was  elected  as  provided  for  by  the  Constitution.  In  1796, 
Washington  having  refused  to  be  a  candidate  for  a  third  term,  party 
managers  in  Congress  agreed  informally  on  Adams  and  Jefferson 
as  the  candidates  of  the  Federalist  and  the  Eepublican  parties.  A 
caucus  of  Federalist  Congressmen,  in  1800,  nominated  Adams  and 
Pinckney,  and  a  caucus  of  Republican  Congressmen  nominated 
Jefferson  and  Burr  for  the  oflBlces  of  President  and  Vice-President. 
The  Republican  members  of  Congress  continued  to  hold  a  regular 
caucus  and  thus  direct  the  votes  of  the  party  Electors  until  1824. 
In  that  year  William  H.  Crawford,  the  last  Congressional  nominee^ 


The  Executive  Department  255 

was  defeated.  There  was  opposition  to  the  Congressional  caucus 
from  the  beginning,  for  such  a  method  was  regarded  as  undemo- 
cratic. In  1824  and  1828,  the  several  State  legislatures  put  for- 
ward their  favorites  for  the  office  of  President. 


As  early  as  1812,  De  Witt  Clinton  was  nominated  as 
the  candidate  of  the  Federalists  in  a  Convention  made 
up   of    seventy   delegates,  representing   eleven  States, 


Nominatior 


which  met  in  New  York  City.     But  the  National  Nom-  by  Nationa; 
inating  Convention,  as  we  know  it,  was  used  for  the  tions. 
first  time  by  the  Anti-Masonic  party  which   selected 
William  Wirt  for  its  candidate  in  1831.     This  method 
was  followed  in  the  same  year  by  the  National  Repub- 
lican party  which   nominated   Henry   Clay.     The  Na- 
tional  Convention  of   the   Democratic   party   in   1832 
nominated   Andrew  Jackson,  who    had    already  been   , 
nominated  by  many  local  Conventions  and  State  legis- 
latures.    Many  years  elapsed  before  the  present  com- 
plex organization  was  reached,  but  since  1836,  with  the 
single  exception  of  the  Whig  party  in  that  year,  parties 
have  regarded  the  National  Convention  as  an  essential 
factor  in  electing  President  and  Vice-President. 


SUPPLEMEirrART  QUESTIONS  AND   REFERENCES. 

1.  July  9,  1789,  the  Constitutional  Convention,  by  a 
vote  of  9  to  1,  fixed  on  a  term  of  six  years  for  the  President 
with  no  re-election.  Would  this  be  a  desirable  change  at 
present?  Presidential  Elections  Paralyzing  to  Business, 
Forum,  22  :  563-570. 

2.  a.  Why  was  it  thought  best  to  make  the  President 

eligible  to  re-election  for  more  than  one  term  ? 
Madison,  Journal  of  the  Constitutional  Conven- 
tion, 369  ;  The  Federalist,  No.  72. 
6.  What  led  to  the  understanding  that  a  President 
was  to  be  elected  for  only  two  terms  ?    Is  there 


256  The  Executive  Department 

good  reason  for  holding  to  this  tradition  ?  Mc- 
Master,  The  Third  Term  Tradition,  Forum,  20  : 
257-265  ;  Eaton,  The  Perils  of  Re-electing  Presi- 
dents, N.  Am.  Rev.,  154:691-704. 
c.  What  Presidents  have  served  two  terms  ?  How 
was  their  election  for  a  second  term  to  be  ac- 
counted for  ? 

3.  a.  The  method  of  calling  National  political  Conven- 

tions. When  held?  Questions  considered? 
Make  a  study  of  the  last  Conventions.  Thurs- 
ton, How  Presidents  are  Nominated,  Cosmop., 
29 :  194-200  ;  Maurice  Low,  How  a  President  is 
Elected,  Scribner's  Mag.,  27  :  643-656. 
6.  For  an  interesting  account  of  National  Conven- 
tions, see  Four  National  Conventions,  Scribner's 
Mag.,  25:152-174. 

c.  What  is   a   "dark  horse"  in  a  National  Conven- 

tion ?    Give  instances  in  our  history. 

d.  Under  what  conditions  was  the  first  platform  of  a 

National   Convention    agreed   upon  ?      Wilson, 
Division  and  Reunion,  63. 

e.  Compare  the  chief  planks  given  in  the  various  party 

platforms  of  the  last  Presidential  election.     Do 
the  successful  parties  generally  fulfil  the  pledges 
of  their  platforms  ? 
/.   For  the  work  of  the  National  committee,  see  Rev. 
of  R's,  22 :  549-556  ;  556-563. 

4.  Discuss  the  various  plans  suggested  for  electing  a 
President.  Madison,  Journal  of  the  Constitutional  Con- 
vention. 

5.  What  was  the  probable  origin  of  the  system  of  elect- 
ing a  President  by  Electors?  Harrison,  This  Country  of 
Ours,  78  ;  Fiske,  Critical  Period  of  American  History,  66, 
280-289. 

6.  For  the  methods  which  have  been  used  in  electing  a 
President,  see  N.  Am.  Rev.,  171:  273-280. 

7.  How  was  the  method  of  electing  the  President  by  in- 
dependent Electors  regarded  at  the  time  of  the  adoption  pf 
tlje  Constitution  ?    The  Federalist,  No.  68, 


The  Executive  Department  257 

8.  Should  Electors  for  President  and  Vice-President  be 
elected  by  the  vote  of  Congressional  districts  with  two  at 
large  for  each  State  instead  of  upon  a  general  ticket  ? 
Forum,  12  :  702-713  ;  N.  Am.  Rev.,  154  :  439-446  ;  The  Fed- 
eralist, No.  68  ;  Bancroft,  History  of  the  United  States, 
VI,  328-340. 

9.  Should  the  President  be  elected  by  direct  popular 
vote?  N.  Am.  Rev.,  171:  281-288;  273-280;  Schouler, 
Grave  Dangers  in  Our  Presidential  Electoral  System, 
Forum,  18 :  532-536  ;  Carlisle,  Dangerous  Defects  in  Our 
Electoral  System,  Forum,  24  :  257-266  ;  651-659  ;  Scrib- 
aer'sMag.,  27  :  643-656. 


CHAPTER  XXIII 

THE    ELECTION    OF    A    PRESIDENT 

Having  considered  the  method  by  which  a  President  is 
nominated  and  that  by  which  the  Electors  are  chosen,  we 
are  now  prepared  to  discuss  the  way  in  which  the  Electors 
choose  a  President,  for  the  steps  prescribed  by  the  Con- 
stitution must  still  be  followed,  although  the  election  has 
been  practically  decided  by  popular  vote.  The  function  of 
the  Electors  is  given  in  Article  XII  of  the  Amendments. 
The  Electors  shall  meet  in  their  respective  States  and  vote 
by  ballot  for  President  and  Vice-President,  one  of  whom,  at 
least,  shall  not  be  an  inhabitant  of  the  same  State  with  them- 
Function  selves  ;  they  shall  name  in  their  ballots  the  person  voted  for 
Electors.  as  President,  and  in  distinct  ballots  the  person  voted  for  as 
Vice-President ;  and  they  shall  make  distinct  lists  of  all  per- 
sons voted  for  as  President,  and  of  all  persons  voted  for 
as  Vice-President,  and  of  the  number  of  votes  for  each, 
which  lists  they  shall  sign,  and  certify,  and  transmit,  sealed, 
to  the  seat  of  government  of  the  United  States,  directed  to  the 
President  of  the  Senate  ; — the  President  of  the  Senate  shall, 
in  the  presence  of  the  Senate  and  House  of  Representatives, 
open  all  the  certificates,  and  the  votes  shall  then  be  counted  ; — 
the  person  having  the  greatest  number  of  votes  for  President 
shall  be  the  President,  if  such  number  be  a  majority  of  tlie 
A-mend-  whole  number  of  Electors  appointed  ;  and  if  no  person  have 
such  majority,  then,  from  the  persons  having  the  highest 
numbers,  not  exceeding  three,  on  the  list  of  those  voted  for 
as  President,  the  House  of  Representatives  shall  choose  im- 
mediately, by  ballot,  the  President.  But  in  choosing  the 
President,  the  votes  shall  be  taken  by  States,  the  representa- 

258 


The  Election  of  a  President  259 

tion  from  each  State  having  one  vote  ;  a  quorum  for  this 
purpose  shall  consist  of  a  niemher  or  members  from  two- 
thirds  of  the  States,  and  a  majority  of  all  the  States  shall  he 
necessary  to  a  choice.  And  if  the  House  of  Representatives 
shall  not  choose  a  President,  whenever  the  right  to  choose 
shall  devolve  upon  them,  before  the  fourth  day  of  March  next 
following,  then  the  Vice-President  shall  act  as  President,  as  in 
the  case  of  the  death  or  otlier  constitutional  disability  of  the 
President. — The  person  having  the  greatest  number  of  votes 
as  Vice-President  shall  be  the  Vice-President,  if  such  num- 
ber be  a  majority  of  the  whole  number  of  Electors  appointed; 
and  if  no  person  hti  ve  a  majority,  then,  from  the  ttvo  highest 
numbers  on  the  list,  the  Senate  shall  choose  the  Vice-Presi- 
dent ;  a  quorum  for  the  purpose  shall  consist  of  two-thirds 
of  the  whole  number  of  Senators,  and  a  majority  of  the  whole 
number  shall  be  necessary  to  a  choice.  But  no  person  con- 
stitutionally ineligible  to  the  office  of  President  shall  be  eligible 
to  that  of  Vice-President  of  the  United  States. 

The  Electoral  Colleges,  made  up  of  the  Electors  in  the 
several  States,  are  all  required  to  meet  on  the  second  Meeting  of 
Monday  in  January.  Each  Electoral  College  must  meet  colleges. 
in  its  own  State,  usually  at  the  State  capital.  After  the 
Electors  have  voted  for  President  and  Vice-President 
separately,  three  lists  are  made  of  all  the  persons  voted 
for  as  President  and  as  Vice-President  and  the  number 
of  votes  for  each.  These  lists  are  then  certified  to, 
signed  by  the  Electors,  and  sealed.  One  of  the  lists  is 
carried  by  a  special  messenger  to  the  President  of  the 
Senate  at  Washington  ;  another  is  sent  by  mail  to  the 
same  officer,  and  the  third  is  deposited  with  the  United 
States  District  Court  Judge  of  the  district  in  which  the 
Electoral  College  meets.* 

*  If  neither  of  the  other  lists  has  been  received  by  the  President  of  the 
Senate  by  the  fourth  Monday  in  January  following  the  election,  he  may 
send  a  special  messenger  to  obtain  the  list  deposited  with  the  District 
Judge. 


260 


Tlie  Election  of  a  President 


Counting 
the  Electo- 
ral votes. 


These  votes  are  opened  by  tlie  President  of  the  Sen- 
ate in  the  presence  of  the  Senate  and  the  House  of  Rep- 
resentatives on  the  second  Wednesday  in  February,  and 
the  votes  are  counted.  The  person  having  a  majority  of  all 
the  Electoral  votes  cast  for  President  is  declared  to  be  duly 
elected  President  of  the  United  States,  and  the  person 
who  has  a  majority  of  the  Electoral  votes  cast  for  Vice- 
President  is  declared  duly  elected  Vice-President  of  the 
United  States.  Contrary  to  the  expectation  of  the  Con- 
stitutional Convention,  the  votes  cast  by  the  Electors 
since  1800  have  been  merely  a  form  of  registering  the 
popular  verdict.  While  there  is  no  law  which  prevents 
an  Elector  from  voting  for  candidates  other  than  those 
on  his  ticket,  still  the  custom  of  voting  only  for  his  own 
party  candidates  has  become  as  binding  as  any  statute.* 


Amending 
the  Con- 
stitution by- 
usage. 


Thus,  in  the  election  of  a  President,  we  have  an  excellent  illus- 
tration of  what  has  been  styled  "  Amending  the  Constitution  by 
usage."  "  The  difference  between  the  actual  and  the  Constitutional 
modes  is  the  difference  between  an  ideal  non-partisan  choice  and  a 
choice  made  under  party  whips ;  the  difference  between  a  choice 
made  by  independent  unpledged  Electors  acting  apart  in  the  States 
and  a  choice  made  by  a  National  party  Convention."  f 


If  none  of  the  candidates  receives  a  majority  of  the 
Electoral  votes,  the  House  of  Representatives  must  pro- 
ceed immediately  to  choose  a  President  from  the  three 
candidates  having  the  highest  number  of  Electoral  votes. 
In  1825,  the  House  was  called  upon  to  choose  a  Presi- 

*  The  most  notable  exception  was  in  the  election  of  1872,  when  sixty- 
six  Electors  were  pledged  to  vote  for  Horace  Greeley  for  President.  Mr. 
Greeley  died  before  the  meeting  of  the  Electoral  Colleges.  When  they 
met,  the  votes  of  the  Electors  were  divided  between  two  prominent  Dem- 
ocrats, with  the  exception  of  those  of  three  Electors  who  still  insisted  in 
carrying  out  instructions  by  casting  their  ballots  for  Mr.  Greeley.  The 
question  arises,  What  would  have  been  the  solution  of  the  problem  were 
a  majority  pledged  to  vote  for  him  ? 

t  Wilson,  Congressional  Government,  243,  244. 


The  Election  of  a  President  261 

dent  from  the  three  highest  candidates  ;  Andrew  Jack-  Election  of 
son,  John  Quincy  Adams,  and  William  H.  Crawford,   by  the 
Mr.  Adams  was  chosen  President,  having  received  the  Representa- 
votes  of  thirteen  out  of  twenty-four  States,  although  he 
had  fewer  Electoral  votes  and  fewer  popular  votes  than 
Mr.  Jackson. 

The  Xllth  Amendment  provides  that  if  a  President 
is  not  chosen  by  the  House  of  Representatives  "  when- 
ever the  right  of  choice  shall  devolve  upon  them  before 
the  fourth  day  of  March  next  following,  then  the  Vice-  The  Vice- 
President  shall  act  as  President,"  as  in  the  case  of  the 
death,  resignation,  or  removal  of  the  President.  There 
has  been  no  such  case  in  our  history.  It  is  also  pro- 
vided that  if  no  person  have  a  majority  of  the  Electoral 
votes  for  Vice-President  the  Senate  shall  choose  the 
Vice-President  from  the  two  candidates  having  the  high- 
est numbers  on  the  lists.  The  one  instance  of  the 
election  of  a  Vice-President  in  this  way  occurred  in 
1837,  when  the  Senate  elected  Richard  M.  Johnson,  who 
had  already  received  the  highest  Electoral  vote. 

The  framers  of  the  Constitution  did  not  consider  the 
question  of  appointing  a  tribunal  to  whom  might  be 
referred  the  returns  of  a  State  when  in  dispute,  or  to  Disputed 
decide  between  two  conflicting  returns  from  two  sets  of 
Electors.  By  a  joint  rule  adopted  in  1865,  the  vote  of 
any  State,  where  there  was  objection  made,  was  not  to 
be  counted  except  by  agreement  of  both  Houses  of  Con- 
gress. The  votes  of  two  States  were  rejected  under  this 
rule  in  1873.  On  both  dates  the  Senate  and  the  House 
were  under  the  control  of  the  same  political  party. 

But  in  1876,  the  Senate  was  Republican  and  the  House  Demo- 
cratic.    Consequently,   there  could  be  no  agreement  on  disputed    The  Elec- 
returns.     The  twenty-one  Electoral  votes  of  Florida,  South  Caro-    mission"^ 
lina,  Louisiana,  and  Oregon  were  in  dispute.     The  deadlock  was 
broken  and  the  strained  condition  throughout  the  Nation  was  re- 


262 


The  Election  of  a  President 


lieved  by  the  agreement  on  the  part  of  both  Houses  to  accept  the 
decision  of  an  "  Electoral  Commission,"  This  Commission  con- 
sisted of  five  Judges  of  the  Supreme  Court,  five  Representatives, 
and  five  Senators.  After  examining  the  returns,  the  Commission 
decided,  March  2,  1877,  by  a  vote  of  8  to  7,  that  Hayes  and 
Wheeler,  the  Republican  candidates,  had  received  the  twenty-one 
votes  in  dispute,  thus  giving  them  185  Electoral  votes,  and  that 
Tilden  and  Hendricks,  the  Democratic  candidates,  had  received 
184  Electoral  votes. 

In  consequence  of  the  grave  problem  which  arose  in  1877,  Con- 
A.awof  1887.    gress  passed  an  act  February  3,  1887,  which  provides  that  any  con- 
test in  the  choice  of  Electors  in  a  State  must  be  decided  by  the 
State  authorities  under  the  laws  of  the  State. 


Article  II, 
Bection  1, 
clause  3. 


Times  of 
election  and 
voting. 


The  wisdom  of  having  uniform  days  when  the  Elec- 
tors are  to  be  chosen  and  when  they  must  give  their 
votes  is  almost  self-evident.  So  the  Constitution  pro- 
vides : 

The  Congress  may  determine  the  time  of  choosing  the 
Electors,  and  the  day  on  which  they  shall  give  their  votes; 
which  day  shall  he  the  same  throughout  the  United  States. 

By  such  a  provision,  there  is  less  opportunity  for  po- 
litical intrigue  and  combination.  The  day  on  which  the 
Electors  were  to  be  chosen  was  changed  from  time  to 
time  until  1845,  when  Congress  enacted  that  the  day 
should  be  the  same  throughout  the  United  States. 
They  selected  the  first  Tuesday  after  the  first  Monday 
in  November  of  the  years  exactly  divisible  by  four.  In 
nearly  all  of  the  States  this  is  also  the  day  for  the  elec- 
tion of  State  officers  and  is  known  as  general  election 
day.  As  already  indicated,  the  second  Monday  in  Jan- 
uary is  now  the  day  on  which  all  the  Electoral  Colleges 
are  required  to  cast  their  votes.  The  President  of  the 
Senate  sends  for  the  missing  returns  on  the  fourth 
Monday  in  January.  The  certificates  are  opened  and 
the  votes  are  counted  on  the  second  Wednesday  of  Feb- 
ruary. 


The  Election  of  a  President  263 

Vacancies  sometimes  occur  in  the  Electoral  College  of  a  State    VacancieB 
between  the  time  of  election  and  the  date  when  the  Electors  are  to    toral  Col- 
cast  their  votes  for  President  and  Vice-President.     Congress  en-    ^^se- 
acted  in  1845  that  each  State  might  provide,  by  law,  for  the  filling 
of  vacancies  in  the  Electoral  College,  and  if  any  State  failed  to 
choose  Electors  on  the  regular  day  that  they  might  be  appointed  on 
a  later  day  in  such  manner  as  the  State  might,  by  law,  direct. 
Nearly  all  of  the  State  legislatures  have  conferred  on  the  College 
itself  the  power  of  filling  vacancies. 

The  first  three  Presidents  were  chosen  by  the  method 
given  in  the  original  clause. 

"  The  Electors  shall  meet  in  their  respective  States,  and  section  i, 
vote  by  ballot  for  two  persons,  of  whom  one,  at  least,  shall  The  orid- 
not  be  an  inhabitant  of  the  same  State  with  themselves.  Sf  c™ooB?ng 
And  they  shall  make  a  list  of  all  the  persons  voted  for,  and  dent.^^^^ 
of  the  number  of  votes  for  each  ;  which  list  they  sign  and 
certify,  and  transmit,  sealed,  to  the  seat  of  the  Government 
of  the  United  States,  directed  to  the  President  of  the  Senate, 
The  President  of  the  Senate  shall,  in  the  presence  of  the 
Senate  and  House  of  Representatives,  open  all  the  certifi- 
cates, and  the  votes  shall  then  be  counted.  The  person  hav- 
ing the  greatest  number  of  votes  shall  be  the  President,  if 
such  number  be  a  majority  of  the  whole  number  of  Electors 
appointed ;  and  if  there  be  more  than  one  who  have  such 
a  majority,  and  have  an  equal  number  of  votes,  then  the 
House  of  Representatives  shall  immediately  choose,  by  ballot, 
one  of  them  for  President  ;  and  if  no  person  have  a  major- 
ity, then,  from  the  five  highest  on  the  list,  the  said  House 
shall,  in  like  manner,  choose  the  President.  But  in  choos- 
ing the  President,  the  votes  shall  be  taken  by  States,  the 
representation  from  each  State  having  one  vote  ;  a  quorum 
for  this  purpose  shall  consist  of  a  member  or  members  from 
two-thirds  of  the  States,  and  a  majority  of  all  the  States 
be  necessary  to  a  choice.  In  every  case,  after  the  choice 
of  the  President,  the  person  having  the  greatest  number 
of   votes    of    the    Electors    shall    be    the   Vice-President, 


264 


The  Election  of  a  President 


But  if  there  should  remain  two  or  more  who  have  equal 
votes,  the  Senate  shall  cJioose  from  them,  by  ballot,  the 
Vice-President. 


Election  of 
1796. 


Election  of 
1800. 


Minority 
Presidents. 


According  to  this  clause  it  will  be  noted  that  the  Electors  voted 
for  two  persons  without  stating  which  was  to  be  President  and 
which  Vice-President.  In  the  official  count  the  candidate  receiving 
the  highest  number  of  votes,  provided  it  was  a  majority  of  the 
whole  number  of  Electoral  votes,  became  President  and  the  one  re- 
ceiving the  next  highest  became  Vice-President. 

Accordingly,  in  the  election  of  1796,  John  Adams,  who  received 
the  highest  number,  71,  out  of  132  Electoral  votes,  was  elected 
President,  and  Thomas  Jefferson  became  Vice-President,  having 
received  68  votes  or  the  next  highest  number.  Evidently  this  was 
a  weakness  in  the  system  of  election  which  had  not  occurred 
to  the  makers  of  the  Constitution.  By  it,  the  President  and  Vice- 
President  might  be  of  different  political  parties. 

The  election  of  1800  showed  the  plan  to  be  impracticable  in 
another  way.  At  this  time,  the  Democratic-Republican  party  was 
determined  to  have  Mr.  Jefferson  for  President  and  Aaron  Burr  for 
Vice-President,  They  both  received  a  majority  of  the  Electoral 
votes.  But  each  had  seventy-three  votes,  and  neither  was,  in 
consequence,  elected.  In  such  a  case,  the  House  of  Representa- 
tives must  elect.  The  Federalists  disliked  Jefferson  and  vigorously 
opposed  him.  On  the  thirty-sixth  ballot,  however,  Jefferson  re- 
ceived the  votes  of  ten  States  out  of  sixteen  and  was  elected.  For 
seven  days  the  House  had  been  in  continuous  session  and  the 
country  was  in  such  a  state  of  excitement  that  there  was  danger  of 
civil  war.  In  order  to  prevent  a  recurrence  of  the  conditions  which 
obtained  in  1796  or  of  the  dangers  incident  to  a  contest  like  that  of 
1800,  the  twelfth  Amendment  was  proposed  by  Congress  and  after 
ratification  was  declared  in  force,  September  25,  1804.  This  pro- 
vides, as  already  seen,  that  the  Electoral  votes  'must  be  cast  sepa- 
rately for  President  and  for  Vice-President. 

In  ten  Presidential  elections,  while  the  successful  candidate  has 
received  a  majority  of  the  Electoral  votes,  he  has  failed  to  receive 
a  majority  of  the  popular  votes  and  is  known  as  a  minority  Presi- 
dent. Such  a  condition  has  happened  so  frequently  that  sugges- 
tions have  been  made  looking  towards  the  abolishment  of  the  sys- 
tem of  Electoral  Colleges  by  amending  the  Constitution  in  such  a 
manner  as  to  provide  for  election  by  a  direct  popular  vote. 


Tlie  Election  of  a  President  265 

The  qualifications  for  the  two  offices  are  naturally  the 
same. 

No  person,  except  a  natural-horn  citizen,  or  a  citizen  of  Section  i. 
the  United  States  at  the  time  of  the  adoption  of  this  Gonsti-  Quaimca- 
tution,  shall  be  eligible  to  the  office  of  President ;  neither  President 
shall  any  person  he  eligible  to  that  office  who  shall  not  have  President. 
attained  to  the  age  of  thirty -five  years,  and  been  fourteen 
years  a  resident  within  the  United  States. 

Both  officials  must  be  natural-born  citizens  of  the 
United  States.  The  exception  that  a  person  might  be- 
come President  who  was  a  citizen  of  the  United  States 
at  the  time  of  the  adoption  of  the  Constitution  was  emi- 
nently just.  At  that  time  there  were  many  notable 
men,  among  them  Alexander  Hamilton,  who  though 
foreign  bom  had  rendered  efficient  services  in  the  win- 
ning of  independence  and  in  the  organization  of  the 
government.  It  would  have  been  an  ungracious  act 
were  they  excluded  from  any  office  in  the  gift  of  the 
people.  Residence  abroad,  as  a  minister  or  other 
official  under  the  government,  does  not  disqualify  a  per- 
son from  becoming  President. 

The  chief  reason  for  creating  the  office  of  Vice-Presi- 
dent seems  to  have  been  to  provide  for  the  emergency 
of  a  vacancy  in  the  Presidency. 

In  case  of  the  removal  of  the  President  from  office  or  of  Section  i, 

clause  5. 

his  death,  resignation,  or  inability  to  discharge  the  powers  Vacancies 
and  duties  of  the  said  office,  the  same  shall  devolve  on  the 
Vice-President,  and  the  Congress  may  by  law  provide  for 
the  case  of  removal,  death,  resignation,  or  inability  both  of 
the  President  and  Vice-President,  declaring  what  officer 
shall  then  act  as  President,  and  such  officer  shall  act  ac- 
cordingly, until  the  disability  be  removed,  or  a  President 
shall  be  elected. 

Congress,  by  an  act  of  1792,  further  provided  for  the 
Presidential  succession.     This  act  declared  that  in  case 


266 


The  Election  of  a  President 


Presidential  of  the  removal  of  the  President  by  impeachment  or  in 
case  of  the  death,  resignation,  or  inabihty  *  of  both  the 
President  and  the  Vice-Presidentj  the  succession  shall 
devolve  on  the  President  pro  tempore  of  the  Senate,  and 
in  case  there  were  no  President  of  the  Senate  upon  the 
Speaker  of  the  House.  Either  of  these  officers  was  to 
act  as  President  until  the  disability  was  removed  or  a 
•  new  President  elected.  But  the  contingency  that  a 
vacancy  in  the  Presidency  and  Vice-Presidency  might 
happen  when  there  would  be  no  President  of  the  Senate 
or  Speaker  of  the  House  was  unprovided  for.  f  There 
was  another  weakness  inherent  in  this  law  ;  viz.,  that 
the  succession  of  either  of  these  officers  to  the  Presi- 
dency might  bring  into  power  a  different  political  party. 
By  an  act  of  1886,  Congress  provided  that  the  Presiden- 
tial succession  should  be  in  the  following  order :  the 
Secretary  of  State,  the  Secretary  of  the  Treasury,  the 
Secretary  of  War,  the  Attorney-General,  the  Postmaster- 
General,  the  Secretary  of  the  Navy,  and  the  Secretary  of 
the  Interior.  "When  the  Secretary  of  Agriculture  was 
made  a  member  of  the  Cabinet,  in  1889,  his  name  was 
added  to  this  list.  In  case  a  Cabinet  officer  becomes 
President,  he  holds  the  office  for  the  unexpired  term. 

The  President  shall,  at  stated  times,  receive  for  his  ser- 
vices a  compensation,  which  shall  neither  be  increased  nor 


Succession 
established 
in  1886. 


Section  1, 
clause  6. 


*The  question  of  what  constitutes  disability  has  not  been  settled. 
President  Garfield  performed  only  the  single  executive  act  of  signing  his 
name  on  an  extradition  paper  from  July  2  to  September  19,  1881,  and  yet 
the  fact  of  his  inability  to  discharge  the  duties  of  President  was  not  es- 
tablished. Neither  was  there  disability  in  the  case  of  President  McKin- 
ley  between  September  6  and  the  day  of  his  death,  September  14,  1901. 

tFrom  March  4  to  October  10,  1881,  there  was  no  President  of  the 
Senate,  and  from  March  4th  to  December  5th,  of  the  same  year,  there 
was  no  Speaker  of  the  House  of  Representatives.  Had  Vice-President 
Arthur  been  removed  from  office  for  any  cause  before  September  19th, 
the  date  of  the  death  of  President  Garfield,  there  would  have  been  no 
President  from  September  19th  to  October  10th. 


The  Election  of  a  President  267 

diminished  during  the  period  for  which  he  may  have  been 
elected,  and  he  shall  not  receive  ivithin  that  period  any  other 
emolument  from  the  United  States  or  any  of  them. 

Congress  fixed  the  annual  salary  of  the  President  at 
$25,000.     It   remained   the   same  until   the  year  1873  y 

when  it  was  raised  to  $50,000.  The  wisdom  of  fixing 
his  salary  so  that  it  may  not  be  increased  or  diminished 
during  his  term  of  office  is  apparent.  Otherwise  he 
would  become  a  dependent  upon  the  favor  of  Congress. 
The  custom  has  been  established  that  no  President  shall 
receive  a  gift  from  any  civil  body  such  as  a  city  council, 
a  State  legislature,  or  a  foreign  state.  In  addition  to 
his  salary,  the  President  is  provided  with  an  "  executive 
mansion,"  the  "  White  House,"  which  is  furnished  at 
the  expense  of  the  government. 

The  salarj^  of  the  Vice-President  was  fixed  at  $5,000  salary  of 
in  1789.  This  was  changed  several  times  before  1874  President, 
when  it  was  made  |8,000,  the  amount  still  received. 

The  maintenance  of  the  Executive  branch  of  the  government 
costs  less  than  $150,000  each  year.     This  includes  the  salaries   of   Cost  of  the 
the  President,  of  the  Vice-President,  and  of  the  President's  private    branch 
secretary  ;  the  purchase  of  furniture,  carpets,  fuel,  care  of  green    gLment*^^ 
houses,  binding  and  printing  done  by  order  of  the  President.     In 
the  year  1901,  the  English  government  voted  about  $4,000,000  for 
the  annual  use  of  the  royal  household.     The  Czar  of  Russia  receives 
$6,500,000  annually  in  addition  to  revenues  derived  from  1,000,000 
square  miles  of  crown  domains.     The  President  of  France  receives 
$231,600  annually.     A  private  fund,  known  as  the  "  emergency    Special 
fund  "  is  provided  for  our  President  each  year  by  Congress.     This    pj-esident^^ 
money  which  varies  in  amount,  $63,000  having  been  appropriated 
in  1899,  may  be  expended  as  the  President  dictates.     Neither  Con- 
gress, nor  any  other  authority,  has  the  right  to  question  the  uses 
to  which  it  is  put.     Indeed  there  is  never  an  account  given  of  its 
expenditure.     Some  of  the  purposes  for  which  it  is  used  doubtless 
include  the  expenditures  incident  to  the  annual  diplomatic  break- 
fast given  by  the  Secretary  of  State  ;   special  entertainments  given 
by  the  President  to  noted  foreign  visitors  ;  and  the  employment  of 


268 


The  Election  of  a  President 


Defence 
fund. 


officials  to  carry  on  some  investigation  relative  to  National  affairs 
whose  salaries  have  not  been  otherwise  provided  for  and  whose 
negotiations  should  be  secret. 

In  1898,  owing  to  the  war  with  Spain,  Congress  passed  a  special 
measure  placing  in  the  hands  of  President  McKinley  $50,000,000  to 
be  used  as  a  "defence  fund."  An  appropriation  of  such  magnitude 
for  which  there  was  not  to  be  an  account  given  has  never  before 
been  made  in  the  history  of  our  Nation. 


Inaugura- 
tion Day. 


Section  1, 
clauBe  7. 


One  of  the  most  notable  of  our  civic  festivals  occurs 
on  the  fourth  of  March  of  each  fourth  year,  when  the 
President  and  the  Vice-President  are  formally  invested 
with  their  offices.  Thousands  of  people  go  to  Washing- 
ton to  witness  the  inaugural  exercises.  The  Consti- 
tution makes  no  further  provision  than  that  the  Presi- 
dent take  the  oath  of  office  and  enter  upon  his  duties 
at  a  prescribed  time. 

Before  he  enter  on  the  execution  of  his  office  he  shall  take 
the  following  oath  or  affirmation  : 

"  I  do  solemnly  swear  for  affirm)  that  I  will  faithfully 
execute  the  office  of  President  of  the  U?iited  States,  and  will 
to  the  best  of  my  ability  preserve,  protect,  and  defend  the 
Constitution  of  the  United  Stales'' 

It  has  been  established  by  custom  that  the  oath  is  ad- 
ministered by  the  Chief  Justice  of  the  United  States  at 
the  east  front  of  the  Capitol,  but  the  oath  might  be  ad- 
ministered by  any  other  magistrate  having  the  power  of 
administering  oaths.  The  Vice-President  takes  the  oath 
of  office  shortly  before  in  the  presence  of  the  Senate  of 
the  United  States.  After  taking  the  oath,  the  President 
gives  his  inaugural  address,  which  outlines  the  policy  he 
purposes  to  carry  out  in  the  execution  of  his  duties. 


The  Election  of  a  President  269 


Supplementary  Questions  and  References. 

1.  a.  For  some  of    the    problems  connected  with  the 

Electoral  Colleges   in    the  history  of  elections, 
see  Rev.  of  R's,  23 :  66-69. 

b.  What  is  the  method  used  in  counting  the  Electoral 

votes  ?    Edmund  Alton,  Among  the  Law  Makers, 
88-89. 

2.  a.  Do  you  agree  with  Mr.  Bryce  that  the  tendency  is  to 

select  men   for   President  who   have  not  been 
prominent  ?   Bryce,  American  Commonwealth,  I, 
chapter  8. 
h.  Was  the  present  President  notable  before  his  elec- 
tion ?    In  what  ways  ? 

c.  What  were  the  chief  causes  for  the  success  of  his 

party  ? 

d.  How  many  Electoral  votes  were  required  for  elec- 

tion ?  He  received  how  many  ?  Did  he  receive  a 
majority  of  the  popular  votes  ? 
€.  How  many  Electors  were  there  from  your  State? 
For  whom  did  they  vote?  How  is  this  majority 
in  your  State  to  be  accounted  for  ?  Election  of 
1900,  Rev.  of  R's,  22  :  673-674  ;  655-658  ;  664. 

3.  Would  successful  governors  make  good  candidates  for 
President  ?  In  what  particulars  do  the  offices  resemble  each 
other?  Would  you  favor  making  the  governor  of  your 
State  President  ?  Wilson,  Congressional  Government, 
253,  254. 

4.  Under  what  conditions  did  Aaron  Burr  become  Vice- 
President  ?  Harrison,  This  Country  of  Ours,  82  ;  Walker, 
The  Making  of  the  Nation,  185  ;  Hart,  Formation  of  the 
Union,  173. 

5.  Why  was  the  election  of  John  Quincy  Adams  of  especial 
interest  ?  What  results  followed  ?  Burgess,  The  Middle 
Period,  140-141 ;  Wilson,  Division  and  Reunion,  18. 

6.  State  the  chief  points  connected  with  the  *  *  disputed 
election  "  of  1876.  Wilson,  Division  and  Reunion,  283-286; 
Johnston,  American  Politics,  233-237. 


270  The  Election  of  a  President 

7.  What  is  the  meaning  and  significance  of  "amendment 
by  usage  "  ?  Can  you  give  other  examples  of  amendment  in 
this  way?  Bryce,  American  Commonwealth,  I,  chapter  34; 
Wilson,  Congressional  Government,  250. 

8.  Where  was  Alexander  Hamilton  born?  Under  what 
conditions  did  he  come  to  the  United  States  ?  What  services 
did  he  render  in  the  organization  of  the  government  ? 
Lodge,  Alexander  Hamilton,  American  Statesmen  Series. 

9.  Give  the  names  of  the  Presidents  who  have  died  in 
office.    By  whom  were  they  succeeded  ? 

10.  Why  was  the  **  defence  fund"  of  $50,000,000  neces- 
sary ?     Forum,  25  :  267-275. 

11.  Interesting  accounts  of  inaugural  incidents  and  per- 
sonages : 

a.  Inauguration  Scenes  and  Incidents,  Century  Mag., 

53  : 733-740. 

b.  Davis,  The  Inauguration,  Harper's  Mag.,  95  :  337- 

355. 

c.  Inauguration  events  of  1901,  Rev.  of  R's,  23  :  405- 

406. 


CHAPTER  XXIV 

POWERS   AND   DUTIES   OF   THE   PRESIDENT 

"Unity  of  plan,  activity,  and  decision  are  indispens- 
able to  success  ;   and  these  can  scarcely  exist,   except  story.  On 
when  a  single  magistrate  is  entrusted  exclusively  with  8titut?on, 
the  power."     This  is  especially  true  in  military  affairs, 
hence  the  provision  : 

The  President  shall  he  commander-in-chief  of  the  army  Article  ii, 
and  navy  of  the   United  States,  and  of  the  militia  of  the  clause  i.' 
several   States  when   called   into  the  actual  service  of  the  dent  com 
United  States ;  he  may  require  the  opinion,  in  writing,  of  Sief.^"^^" 
the  principal  officer  in  each  of  the  executive  departments, 
upon  any  subject  relating  to  the  duties  of  their  respective 
offices,  and  he  shall  have  power  to  grant  reprieves  and  par- 
dons for  offences  against  the  United  States,  except  in  cases 
of  impeachment. 

Fears  were  expressed  in  the  State  conventions  when 
considering  the  ratification  of  the  Constitution  lest  the 
President  might,  under  this  provision,  take  charge  of  the 
army  and  navy  in  person,  and  as  a  dictator  endanger 
the  liberties  of  the  Nation. 

The  monarch  of  Great  Britain  is  commander-in-chief  of  the 
army  and  navy  and  militia;  he  has  power  to  declare  war,  and  in  time  Military 
of  war  can  raise  armies  and  navies  and  call  out  the  militia.  Parlia-  oth^rruleM. 
ment  may  check  his  action  only  by  the  refusal  to  vote  supplies. 
The  Emperor  of  Germany  must  obtain  the  consent  of  the  Bundes- 
rath,  or  upper  house,  before  he  may  declare  offensive  war.  The 
President  of  France  may  not  declare  war  without  the  advice  of  the 
Chambers. 

271 


272  Poivers  and  Duties  of  the  President 


Reprieves, 


Section  2, 
clause  2. 
Treaties. 


The  temporary  suspension  of  the  execution  of  a  sen- 
tence is  called  a  reprieve.  By  means  of  a  reprieve,  the 
President  may  gain  time  to  look  into  the  evidence  more 
carefully  in  order  to  ascertain  whether  there  is  good 
reason  for  granting  the  requested  pardon. 

Complete  release  from  a  sentence  is  secured  by  a  par- 
don. The  power  to  pardon  also  carries  with  it  the  right 
of  commuting  the  sentence.  By  this,  a  decree  calling 
for  imprisonment  for  life  may  be  reduced  to  a  fixed  term 
of  years,  or  a  death  penalty  may  be  mitigated  to  im- 
prisonment for  life,  etc.* 

He  shall  have  power,  by  and  with  the  advice  and  consent 
of  the  Senate,  to  make  treaties,  provided  two-thirds  of  the 
Senators  present  concur. 

While  the  power  to  conclude  treaties  seems  to  be 
without  restriction,  it  is  implied  that  no  treaty  shall  in 
any  way  interfere  with  the  authority  of  the  Constitu- 
tion. The  usual  steps  in  the  negotiation  of  treaties  are 
as  follows  :  1.  In  time  of  peace  they  are  conducted  at 
the  capital  of  the  nation  that  begins  the  negotiation. 
If  this  is  in  Washington  the  terms  are  considered  by 
the  Secretary  of  State  and  the  minister  of  the  other  na- 
tion. If  in  a  foreign  capital,  our  minister  acts  under 
instructions  sent  him  by  the  Secretary  of  State.  At 
times  one  or  more  special  ministers  are  sent  abroad  for 
the  purpose  of  negotiating  for  a  treaty.  2.  In  time  of  war, 
the  minister  of  the  nation  with  which  we  are  at  war 
leaves  the  United  States.  The  interests  of  his  nation 
are  then  intrusted  to  the  minister  of  some  neutral  power, 
and  through  this  minister  negotiations  for  peace  are  us- 
ually begun.    3.  The  treaty  of  peace  at  the  close  of  a  war 


*  President  Harrison  considered,  during  his  term,  779  pardon  cases, 
not  including  reprieves.  Of  these  527  were  granted  in  whole  or  in  part. 
President  Cleveland  acted  on  907  such  cases  and  granted  506  in  whole  or 
in  part. 


Poivers  and  Duties  of  the  President  273 

is  generally  negotiated  in  some  neutral  country  by  spe- 
cial commissioners  appointed  by  the  belligerent  nations. 

In  all  cases,  the  President  exercises  general  control 
over  the  negotiation  and  framing  of  treaties.  After 
an  agreement  has  been  reached,  the  treaty  is  sent  to 
the  Senate.  It  is  discussed  in  Executive  Session,  in 
which  all  matters  pertaining  to  it  are  kept  secret  until 
a  resolution  of  the  Senate  removes  the  decree  of  secrecy. 
The  Senate  may  approve,  reject,  or  modify  the  terms. 
If  amendments  are  made,  they  must  be  agreed  to  by  the 
President  and  the  other  nation  interested.  When  a 
treaty  has  been  finally  approved  by  the  officials  of  both 
countries,  duplicate  copies  of  it  are  made  in  parchment. 
Both  of  these  copies  are  signed  by  the  chief  officers  of 
each  country  and  the  copies  are  then  exchanged.  This 
is  called  the  "exchange  of  ratification."  An  official 
copy  of  the  treaty  is  thus  secured  by  each  nation.  The 
President  then  publishes  the  treaty,  accompanied  by  a 
proclamation,  in  which  it  is  declared  to  be  a  part  of  the 
law  of  the  land. 

The   question   is   sometimes   asked,  when   a    treaty 
agrees  to  pay  money,  must  Congress  make  the  appro-  Treaties 
priations  ?     It  has  been  answered  as  follows  :     "  When  appropria- 
inoneys  are  to  be  paid  by  the  United  States,  they  can  be  ley,  consti- 
appropriated  by  Congress  alone  ;   and  in  some  other  Law,  i56, 
cases  laws  are  needful.     An  unconstitutional  or  mani- 
festly unwise  treaty,  the  House  of  Representatives  may 
possibly  refuse   to  aid ;   and  this,  when  legislation   is 
needful,  would  be  equivalent  to  a  refusal  of  the  govern- 
ment, through  one  of  its  branches,  to  carry  the  treaty 
into  effect." 

He  shall  nominate,  and  hy  and  with  the  advice  and  con-  Section  a, 

Cl&llS6  2, 

sent  of  the  Senate,  shall  appoint  Ambassadors,  other  public  Executive 
ministers  and  Consuls,  judges  of  the  Supreme  Court,  and  appoint- 
all  other  officers  of  the  United  States,  whose  appointments  ^^^  ' 


274  Poivers  and  Duties  of  the  President 

are  not  herein  otherwise  provided  for,  and  tvhich  shall  be  es- 
tablished by  law  ;  but  the  Congress  may  by  law  vest  the 
appointment  of  such  inferior  officers,  as  they  think  proper, 
in  the  President  alone,  in  the  courts  of  law,  or  in  the  heads 
of  departments. 
Section  2  The  President  shall  have  power  to  fill  up  all  vacancies 

that  may  happen  during  the  recess  of  the  Senate,  by  grant- 
ing commissions  which  shall  expire  at  the  end  of  their  next 
session. 

In  addition  to  the  Ambassadors,  other  public  minis- 
ters and  Consuls  and  judges  of  the  Supreme  Court  who 
receive  their  offices  through  nomination  by  the  Presi- 
dent and  the  consent  of  the  Senate,  there  are  a  large 
number  of  other  officers  whose  positions  have  been  es- 
tablished by  law  who  are  appointed  in  the  same  way. 
Among  the  most  important  of  these  officers  are  the 
heads  of  the  executive  departments,  Assistant  Secre- 
taries, Treasurer  of  the  United  States,  Commissioner  of 
Internal  Revenue,  Inter-State  Commerce  Commission- 
ers, Comptroller  of  the  Currency,  Superintendents  of 
Mints,  Commissioner  of  Patents,  Commissioner  of  Pen- 
sions, Pension  Agents,  Collectors  of  Customs  and  In- 
ternal Revenue,  Land  Agents,  Indian  Agents,  District 
Attorneys,  Marshals,  Territorial  Governors,  Postmas- 
ters w^hose  salaries  are  $1,000  and  over,  and  all  Military 
and  Naval  Officers,  unless  otherwise  ordered  by  law. 

Congress  has  vested  the  appointments  of  certain  in- 
ferior officers  as  follows  :  The  President  appoints  the 
clerks  in  his  office  ;  the  judges  appoint  the  officers  of 
their  own  courts  and  the  heads  of  the  departments 
appoint  their  subordinates  with  the  exception  of  some 
of  the  principal  ones,  whose  appointment  is  secured 
through  nomination  by  the  President  and  confirmation 
by  the  Senate. 

All  of  the  nominations  sent  by  the  President  to  the 


Powers  and  Duties  of  the  President         275 
Senate   are   submitted  to   appropriate    committees,   as  Action  of 

the  Senate 

Postmasters  to  the  Post-Office  Committee,  Ambassa-  onnomina- 
dors  to  .the  Committee  on  Foreign  Affairs.  The  report 
of  the  committee  is  considered  in  executive  or  secret 
session  and  the  nomination  is  then  voted  on.  If  the 
vote  is  adverse,  the  President  must  make  another  nomi- 
nation. 

In  making  his  appointments,  the  President  is  largely- 
dependent  upon  the  advice  of  the  head  of  that  depart- 
ment under  whose  direction  the  officer  will  come,  or 
upon  the  recommendation  of  the  Representatives  and 
Senators  of  his  party  from  the  State  in  which  the  office  official  pat- 
is  located.  This  power  of  official  patronage  through 
which  political  assistants  in  a  State  may  be  rewarded 
with  a  Federal  office  has  become  so  burdensome  that 
many  Congressmen  complain  of  it  and  express  the  de- 
sire to  be  freed  from  its  exactions. 


ronage. 


Courtesy. 


from  office 


There  has  grown  up  an    almost    invariable  custom,  known  as 
Senatorial  Courtesy.     By  it,  no  appointment  can  be  confirmed  un-    Senatorial 
less  it  meets  the  sanction  of  one  or  both  of  the  Senators  of  the  State 
in  which  the  office  is  located,  provided  they  are  members  of  the 
party  then  in  control  of  the  Senate. 

During  the  first  forty  years  of  our  government,  the 
views  of  the  founders  with  regard  to  appointment  and 
removal  from  the  civil  service  were  generally  upheld.  Removal 
It  was  evidently  their  intention  that  postmasters,  col- 
lectors of  the  revenues,  and  officials  of  this  nature  were 
to  be  regarded  as  clerks  or  agents  appointed  to  assist 
in  carrying  on  the  government.  It  was  believed  that 
these  non-political  offices  should  be  filled  without  regard 
to  any  personal  or  political  favor  and  that  an  officer 
might  retain  his  position  so  long  as  he  rendered  faithful 
and  efficient  service.  The  rule  advocated  by  Madison 
that  the  President  might  remove  officials  without  the 
consent  of  the  Senate  was  acknowledged  by  Congress. 


276         Powers  and  Duties  of  the  President 


Rotation  in 
office. 


Fourteenth 

Report 

United 


Civil  Service 
Commis- 
Bion.  1896- 
97,  36. 


The  Spoils 
System. 


Jackson. 
American 
Statesmen 
Series,  162. 


Under  its  operation,  the  entire  number  of  removals 
from  office  between  Washington's  first  administration 
and  that  of  Jackson  was  only  seventy-four,  and  five  of 
the  officers  removed  were  defaulters. 

It  was  during  this  period  that  William  Henry  Craw- 
ford, Secretary  of  the  Treasury,  hoping  to  pave  the  way 
for  his  nomination  as  a  Presidential  candidate  secured 
the  passage  in  1820  of  the  "  four  year  tenure  act "  by 
which  most  of  the  officials  of  the  National  government 
who  collected  and  paid  out  public  money  were  to  have 
their  terms  of  office  limited  to  four  years.  Thus  was 
made  possible  the  dangerous  political  device,  known  as 
"  rotation  in  office."  Webster,  Clay,  Calhoun,  and  other 
statesmen  spoke  of  the  evils  growing  out  of  such  a  law, 
but  it  is  still  in  force. 

But  the  "  spoils  system,"  as  it  is  usually  understood, 
did  not  become  a  permanent  feature  of  our  government 
until  Jackson  became  President.  This  system,  by  which 
appointive  offices  are  to  be  regarded  as  bribes  or  re- 
wards for  partisan  services,  was  in  use  in  Pennsylvania 
as  early  as  1790,  and  was  introduced  into  New  York  by 
1800.  It  was  W.  L.  Marcy  of  the  latter  State  who,  in 
defending  the  system  before  the  United  States  Senate, 
first  used  the  expression  "  to  the  victors  belong  the 
spoils  of  the  enemy."  President  Jackson  made  the  usage 
National  by  changing  2,000  officials  during  the  first  year 
of  his  administration.  It  was  natural  that  President  Van 
Buren,  who  as  Secretary  of  State  under  President  Jack- 
son said,  "  We  give  no  reasons  for  our  removals,"  should 
carry  on  a  similar  policy.  The  Whigs  denounced  the  abuse 
of  the  civil  service  on  the  part  of  their  opponents,  and 
promised,  if  elected,  to  make  the  needed  reforms.  But 
the  pressure  upon  them  was  too  great,  for  no  sooner  were 
they  given  power  by  the  election  of  1840  than  the  sacri- 
fice of  Democratic  office-holders  began.  From  this  time 


Poiuers  and  Duties  of  the  President         277 

down  to  1883,  whenever  there  was  a  change  of  adminis- 
tration, and  especially  when  this  meant  the  victory  of  a 
different  political  party,  a  "  clean  sweep  "  of  the  officers 
was  thought  to  be  necessary. 

The  evils  of  the  system  were  indicated  in  the  reports 
of  special  committees  appointed  by  the  different  Con- 
gresses ;  and  public  opinion  finally  compelled  Congress 
to  pass  an  act,  March  3,  1871,  authorizing  the  President  Act  of 
to  frame  and  administer,  through  a  commission,  such  isri?  ' 
rules  as  he  thought  best  for  the  regulation  of  admission 
to  the  civil  service.  President  Grant  was  in  favor  of  the 
act  and  appointed  a  commission  to  carry  on  the  com- 
petitive examinations  for  testing  the  efficiency  of  candi- 
dates applying  for  office.  In  1874,  Congress  refused  to 
make  any  further  appropriation  for  the  work  of  the 
committee. 

January  16,  1883,  Congress  passed  the  "  Civil  Service 
Law."  This  act  established  the  United  States  Civil 
Service  Commission,  which  was  to  be  composed  of  three  The  Pendie- 
members,  not  more  than  two  of  whom  should  belong  to 
the  same  political  party.  Other  provisions  of  the  act  and 
the  rules  for  carrying  it  out  are  :  That  there  shall  be 
open,  competitive  examinations  for  testing  the  fitness 
of  the  applicants  for  the  public  service  in  the  depart- 
ments at  Washington,  and  in  the  custom-houses  and 
post-offices  where  at  least  fifty  officials  are  employed; 
that  when  a  vacancy  exists  in  any  office  in  either  of 
these  classes  it  shall  be  filled  from  the  three  appli- 
cants graded  highest  in  the  list  of  those  who  have 
passed  the  competitive  examination  ;  that  the  final  ap- 
pointment shall  not  be  made  until  after  a  trial  of  six 
months  in  the  office,  and  that  the  original  appointments 
at  Washington  shall  be  apportioned  among  the  States, 
Territories,  and  District  of  Columbia,  upon  the  basis  of 
population.     The  law  does  not  extend  to  positions  out- 


278        Powers  and  Duties  of  the  President 


Civil  Service 

Commission 

Report, 

1900-1901, 

14, 


Rule  for 
removals. 


side  the  Executive  branch  of  government,  to  positions 
for  which  appointment  is  made  by  the  President  with 
the  consent  of  the  Senate,  or  to  places  of  unskilled 
labor.  The  President  is  given  the  power  to  direct  the 
further  extension  of  the  ''^classified  service,"  or  posi- 
tions which  are  to  be  filled  by  persons  who  have  taken 
the  examinations. 

The  number  of  offices  originally  included  under  the  act 
was  about  14,000.  The  classified  offices  reported  June  30, 
1902,  numbered  121,000,  and  those  which  were  unclas- 
sified or  excepted  116,000.  Some  72,498  of  the  unclas- 
sified offices  were  fourth-class  post-offices  in  which  a 
salary  of  less  than  $1,000  is  paid. 

The  ordinary  civil  service  examinations  are  held  twice 
each  year  at  such  places  throughout  the  country  as  are 
designated  by  the  Commission.  Much  has  been  accom- 
plished since  the  law  went  into  effect,  but  it  is  to  be 
hoped  that  the  system  will  at  an  early  date  be  extended 
to  the  offices  still  unclassified,*  and  that  the  effective 
reform  work  already  done  in  some  of  our  States  and 
cities  f  will  become  general  throughout  the  country. 
Two  other  provisions  of  the  act  have  also  brought  about 
a  vast  improvement  in  our  civil  service.  One  of  these 
provides  that  official  authority  and  influence  shall  not 
be  used  to  coerce  the  political  action  of  any  citizen  ;  and 
the  other,  that  no  person  in  the  public  service  is  under 
obligation  to  contribute  to  any  political  fund  or  to  ren- 
der any  political  service. 

The  President  may  remove  an  officer  during  the  session 
of  the  Senate  by  nominating,  and  by  and  with  the  advice 
and  consent  of   the  Senate,   appointing  his  successor. 

*  During  the  years  1901-1902  there  were  included  in  the  competitive 
system  the  rural  free  delivery  service,  permanent  employees  of  the  Census 
Office,  and  those  additional  employees  necessary  because  of  the  war  with 
Spain. 

t  See  pp.  32-33. 


Poivers  and  Duties  of  the  President  279 

If  the  removal  is  made  during  the  recess  of  Congress, 
the  newly-appointed  officer  receives  his  commission  and 
enters  upon  his  duties  at  once.  If,  when  the  Senate 
convenes,  it  refuses  to  confirm  the  appointment,  the 
President  makes  another  nomination.  A  most  impor- 
tant order  was  issued  July  27,  1897,  which  provides  that 
"No  removal  shall  be  made  from  any  position  subject  civiiservice 

.  ....  •       i-  i    J?         •      i  T    Commissioq 

to  competitive  examination  except  for  just  cause  and  Report, 

•  ISytt— MT   24 

upon  written  charges  filed  with  the  head  of  the  depart- 
ment or  other  appointing  officer,  and  of  which  the 
accused  shall  have  full  notice  and  an  opportunity  to 
make  defence."  An  act  of  1866,  still  in  force,  provides 
that  "No  officer  in  the  military  or  naval  service  shall, 
in  time  of  peace,  be  dismissed  from  service  except  upon, 
or  in  pursuance  of,  the  sentence  of  court-martial,  to 
that  effect  or  in  commutation  thereof." 

When  an  office  becomes  vacant  during  the  recess  of 
the  Senate,  the  President  appoints  as  in  the  case  of  Vacancies, 
removal  during  the  recess.  If  the  Senate  fails  to  act  on 
the  nomination  before  the  adjournment,  the  President 
must  then  issue  a  new  commission  to  the  same  or 
another  person. 

He  shall,  from  time  to  time,  give  to  the  Congress  informa-  Article  n, 
tion  of  the  state  of  the  Union,  and  recomm^end  to  their  con-  Duties  of 
sideration  such  measures  as  he  shall  judge  necessary/  and  dent. 
expedient ;  he  may,  on  extraordinary  occasions,  convene 
both  Houses,  or  either  of  them,  and  in  case  of  disagreement 
between  them,  with  respect  to  the  time  of  adjournment,  he 
may  adjourn  them  to  such  time  as  he  shall  think  proper ; 
he  shall  receive  Ambassadors  and  other  public  ministers; 
he  shall  take  care  that  the  laws  be  faithfully  executed,  and 
shall  commission  all  the  officers  of  the  United  States. 

The  most  important  duty  of  the  President  is  to  see 
that  all  laws  passed  by  Congress  are  faithfully  executed. 
Laws  are  useless  unless  they  are  enforced,  and  it  is 


280 


Powers  and  Duties  of  the  President 


Enforce- 
ment of  the 
laws. 


Presidential 


Special  ses- 
sions. 


The  Presi- 
dent and 
foreign 
ministers. 


chiefly  for  the  performance  of  this  task  that  the  Execu- 
tive was  originally  created.  It  is  not  contemplated  that 
this  duty  shall  be  performed  by  him  in  person,  but 
through  officials  who  are  directly  responsible  to  him. 
The  United  States  marshals  and  their  deputies  exercise 
a  wide  influence  in  seeing  that  the  laws  are  enforced. 
They  usually  act  under  an  order  from  a  United  States 
court,  but  may,  at  times,  act  without  such  a  writ.  If 
necessary,  the  President  may  send  the  army  and  navy  of 
the  United  States  and  call  out  the  militia  of  the  States 
to  overcome  any  resistance  to  Federal  law. 

By  means  of  the  annual  message  sent  to  Congress  at 
the  opening  of  the  session,  and  special  messages  on  par- 
ticular occasions,  the  President  is  enabled  to  call  atten- 
tion to  the  legislative  needs  of  the  country.  The  plan 
of  having  a  message  read  in  each  House  by  the  clerk  or 
secretary  was  introduced  by  President  Jefferson.  Presi- 
dents Washington  and  Adams  addressed,  in  person. 
Congress  assembled  in  joint  session.  Various  reasons 
have  been  alleged  for  this  change.  It  is  said  that  Presi- 
dent Jefferson  was  a  poor  speaker,  and  that  he  regarded 
the  formal  address  as  monarchical. 

The  power  of  calling  Congress  together  on  extra- 
ordinary occasions  has  been  exercised  ten  times  by  as 
many  different  Presidents.  The  House  of  Representa- 
tives has  never  been  called  in  special  session  alone.  It 
has  become  the  custom  for  the  outgoing  President  to 
call  the  Senate  in  special  session  to  act  on  the  nomina- 
tions of  the  Cabinet  and  other  officials  to  be  appointed 
by  his  successor  immediately  following  the  inauguration. 

The  act  of  receiving  a  minister  from  a  foreign  state  is 
equivalent  to  the  acknowledgment  of  that  state  as  an 
independent  nation.  A  minister  may  be  rejected  or 
dismissed  because  he  is  personally  objectionable  ;  be- 
cause ►  there    is    no   desire   to   recognize  his   state  as 


Potvers  and  Duties  of  the  President         281 

sovereign ;  or  for  the  reason  that  unfriendly  relations 
exist  between  the  two  nations.  Should  the  executive 
of  one  nation  send  to  the  minister  of  another  nation, 
during  a  period  of  strained  relations,  that  minister's 
official  papers,  it  would  be  regarded  as  equivalent  to  a 
declaration  of  war. 


Supplementary  Questions  and  References. 

1.  What  have  been  some  of  the  most  important  treaties 
entered  into  on  the  part  of  the  United  States  ? 

2.  For  the  treaty  made  at  the  close  of  the  Spanish- 
American  War,  see  Rev.  of  R's,  18  :  258,  371,  515,  631 ; 
19  :  11,  261,  262,  266,  267. 

3.  In  what  ways  may  a  treaty  be  abrogated  ?  Harrison, 
This  Country  of  Ours,  140,  141. 

4.  May  a  President  have  many  of  the  privileges  of 
private  life  ? 

a.  The  President  at  Home,  Harper's  Mag. ,  89  :  196-203. 

b.  Harrison,  This  Country  of  Ours,  177-180. 

5.  What  are  some  of  the  official  cares  of  the  President  ? 

a.  Our  Fellow  Citizen  of  the  White  House,  Century 

Mag.,  53  :  645-664. 

b.  Harrison,  This  Country  of  Ours,  162-177. 

6.  Secure  a  copy  of  the  last  report  of  the  Civil  Service 
Commission  and  also  Manual  of  Examinations  for  the 
Classified  Service  of  the  United  States  and  look  up  the 
following  : 

a.  How  many  persons  are  included  in  the  civil  ser- 

vice of  the  United  States  ? 

b.  What  proportion  of  them  are  included  in  the  clas- 

sified service? 

c.  Does  the  Law  of  1883  seem  to  have  brought  about 

satisfactory  results  ? 

d.  What  offices  have  been  included  in  the  extensions  of 

the  Civil  Service  Law  ? 

e.  What  is  the  nature  of  the  questions  given  in  the 

examinations  ? 


282  Poivers  and  Duties  of  the  President 

7.  The  Fifteenth  Annual  Report  of  the  Commission  (pp. 
443-485)  contains  an  account  of  the  appointments  and  re- 
movals by  the  various  Presidents  from  1789  to  1883.  Also 
an  account  of  the  growth  of  civil  service  reform  in  the 
States  and  Cities  of  the  United  States,  pp.  489-502. 

8.  May  a  man  be  fitted  for  political  preferment  and  not 
be  competent  to  pass  an  adequate  examination  ?  Atl.  Mo., 
65  :  443,  444. 

9.  For  other  articles  on  civil  service  reform  see  :  a. 
The  Civil  Service  as  a  Career,  Forum,  20  :  120-128.  6. 
Lyman  J.  Gage,  The  Civil  Service  and  the  Merit  System, 
Forum,  27  :  705-712.  c.  Some  Popular  Objections  to  Civil 
Service  Reform,  Atl.  Mo.,  65  -.433-444  ;  671-678.  d.  Roose- 
velt.  An  Object  Lesson  in  Civil  Service  Reform,  Atl.  Mo., 
67  :  252-257.  e.  George  William  Curtis  and  Civil  Service 
Reform,  Atl.  Mo.,  75  :  15-24.  /.  Lyman,  Ten  Years  of 
Civil  Service  Reform,  N.  Am.  Rev.,  157  :  571-579.  g.  Rice, 
Improvement  of  the  Civil  Service,  N.  Am.  Rev.,  161  : 
601-611.  h.  Roosevelt,  Present  Status  of  Civil  Service 
Reform,  Atl.  Mo.,  75  ;  239-246.  i,  Roosevelt,  Six  Years  of 
Civil  Service  Reform,  Scribner's  Mag.,  18  :  238-247.  j. 
The  Purpose  of  Civil  Service  Reform,  Forum,  30  :  608-619. 

10.  What  was  the  Tenure  of  Office  Act  of  1867?  Why 
did  it  become  of  great  importance  ?  Is  it  still  in  force  ? 
Wilson,  Division  and  Reunion,  267,  270-271,  297.  Harri- 
son, This  Country  of  Ours,  101-103. 

11.  What  were  the  chief  points  discussed  in  the  Presi- 
dent's last  annual  message  ? 


CHAPTER  XXV 

THE   CABINET  AND   THE    EXECUTIVE    DEPARTMENTS 

The  President's  Cabinet  comprises  the  Secretary  of 
State,  Secretary  of  the  Treasury,  Secretary  of  War,  At- 
torney-General, Postmaster-General,  Secretary  of  the  The 
Navy,  Secretary  of  the  Interior,  and  Secretary  of  Agri- 
culture. These  constitute  the  chief  officials  in  the  eight 
executive  departments  of  our  government.  It  was  taken 
for  granted  that  such  departments  would  be  formed,  for 
the  Constitution  declares  the  President  may  require  the 
opinions  in  writing  of  the  heads  of  the  executive  depart- 
ments, and  again,  that  Congress  may  vest  the  appoint- 
ment of  certain  inferior  officers  in  the  heads  of  these 
departments.  But  there  was  no  thought  in  the  Consti- 
tutional Convention  of  creating  an  institution  whose 
members  should  meet  regularly  with  the  President  and 
consult  on  matters  outside  of  their  own  departments. 
The  Cabinet,  as  a  body,  has  no  legal  position  as  a  part  of 
the  government.  The  different  departments  have  been 
created  by  acts  of  Congress  and  their  duties  are  defined 
by  law.  The  President  is  not  obliged  to  take  the  ad- 
vice of  his  Cabinet,  although  their  views  usually  have 
weight  with  him.  No  official  record  is  kept  of  the  meet- 
ings.* 

*  The  following  is  taken  from  a  conversation  with  President  Hayes, 
reported  by  C.  E.  Stevens  in  his  Sources  of  the  Constitution  of  the 
United  States,  pp.  167-168.  President  Hayes  said  that  he  and  other 
Presidents  had  occasionally  acted  independently  of  Cabinet  advice ;  that 
the  custom  of  the  past  had  varied  ;  and  that  some  Presidents  had  been 
more  influenced  by  their  Cabinets  than  others.     He  said  that  President 

283 


284     The  Cabinet  and  the  Executive  Departments 


Formation 
of  the  de- 
paitments. 


Salaries  and 
general  or- 
ganization 
of  the  de- 
partments. 


In  1789,  the  first  Congress  created  the  Departments  of 
State,  War,  and  the  Treasury,  also  the  office  of  Attorney- 
General.  President  Washington's  Cabinet  consisted  of 
the  officials  whom  he  appointed  to  fill  these  four  posi- 
tions. The  Navy  Department  was  added  in  1798.  Prior 
to  this  time  naval  affairs  had  been  under  the  control  of 
the  War  Department.  While  a  Post-Office  Department 
was  established  in  1794,  the  Postmaster-General  was  not 
made  a  member  of  the  Cabinet  until  1829.  In  1849,  the 
Interior  Department  was  created  by  grouping  under  it 
certain  duties  which  had  belonged  to  other  departments. 
The  Department  of  Agriculture  was  organized  in  1862, 
and  to  it  were  assigned  the  duties  appertaining  to  the 
agricultural  interests  of  the  country  which  had  been  per- 
formed through  the  State  Department.  It  was  not  made 
a  Cabinet  position  until  1889.  In  1903,  the  Depart- 
ment of  Commerce  and  Labor  was  authorized  by  an  act 
of  Congress.  It  has  been  advocated  and  it  would  seem 
desirable  that  a  Department  of  Education  should  be 
formed. 

Members  of  the  Cabinet  receive  an  annual  salary  of 
$8,000.  The  departments  furnish  an  example  of  a  splen- 
didly organized  system.  That  the  business  of  each  de- 
partment may  be  more  easily  done,  it  is  distributed 
among  bureaus.  The  bureaus  are  again  divided  into 
divisions,  and  the  divisions  into  rooms  where  the  large 
numbers  of  clerks  are  to  be  found.  At  the  head  of  each 
bureau  is  a  commissioner,  and  of  each  division  a  chief. 
To  complete  the  satisfactory  working  of  the  system,  each 
clerk  is  made  responsible  to  his  chief  of  division ;  this 

Buchanan  was  much  worried  by  his  Cabinet  because  not  strong  enough 
to  insist  on  his  own  will,  but  that  President  Lincoln  had  decided  on  his 
Emancipation  Proclamation  without  consulting  his  Cabinet,  and  read  it 
over  to  them  merel}'  for  suggestion  and  amendment.  On  two  occasions, 
he  (President  Hayes)  decided  and  carried  out  matters  against  the  wishes 
of  the  secretary  of  a  department  aflfected. 


The  Cabinet  and  the  Executive  Departments     285 

chief,  to  his  commissioner ;  and  he,  in  turn,  to  the  secre- 
tary, who  is  responsible  to  the  President  and  to  Con- 
gress. 

The  Department  of  State. 

The  Secretary  of  State  is  commonly  called  the  head 
of  the  Cabinet.     He  is  first  in  rank  at  the  Cabinet  table.   Secretary  o. 

State 

and  occupies  the  seat  of  dignity  at  the  right  of  the  Pres- 
ident. Under  the  direction  of  the  President,  he  con- 
ducts all  negotiations  relating  to  the  foreign  affairs  of 
the  Nation  ;  carries  on  the  correspondence  with  our  rep- 
resentatives in  other  countries ;  and  receives  the  repre- 
sentatives of  foreign  powers  accredited  to  the  United 
States,  and  presents  them  to  the  President.  Through 
him,  the  President  communicates  with  the  Executives  of 
the  different  States.  He  has  charge  of  the  treaties  made 
with  foreign  powers,  and  negotiates  new  ones.  He  also 
has  in  his  keeping  the  laws  of  the  United  States,  and  the 
great  seal  which  he  affixes  to  all  Executive  proclamations, 
commissions,  and  other  official  papers.  He  publishes  the 
laws  and  resolutions  of  Congress,  and  issues  and  records 
passports.  The  Secretary  of  State  has  three  assistant 
secretaries.  There  are  six  bureaus  in  the  department : 
Diplomatic,  Consular,  and  the  bureaus  of  Indexes  and 
Archives,  of  Accounts,  of  Foreign  Commerce,  of  Rolls 
and  Library. 

The  United  States,  in  common  with  other  nations, 
sends  representatives  to  the  foreign  capitals.  They  are 
the  agents  through  whom  the  Secretary  of  State  com- 
municates and  negotiates  with  other  powers.  Such  af- 
fairs are  conducted  through  the  Diplomatic  Bureau.  Diplomatic 
The  United  States  has  now  about  thirty-five  Ambassa- 
dors and  Ministers.  Our  representatives  at  the  courts  of 
England,  France,  Germany,  Russia,  Italy,  Austria,  and 
Mexico  are  known  as  Ambassadors.    The  Ambassadors  to 


286  The  Cabinet  and  the  Executive  Departments 

congrrep-  the  first  four  countries  receive  a  salary  of  117,500  each, 
rectory,  and  the  Ambassador  to  Italy  $10,000  per  annum. 
!s74-sjT6.  The  social  demands  made  upon  our  Ambassadors  are 
great  and  they  are  also  obliged  to  provide  for  their 
places  of  residence.  The  salaries  paid  are  not  sufficient 
to  meet  these  necessary  expenses  and  are  small  in  com- 
parison with  those  paid  by  the  European  nations  to 
officers  of  the  same  rank.  Thus,  the  English  Am- 
bassador at  Washington  receives  a  salary  of  132,500. 
Besides  the  English,  the  Germans,  the  Japanese,  and 
some  other  nations  have  provided  houses  for  their 
legations. 

A  Consul  is  sent  by  the  United  States  to  each  of  the 

Consular       chief  citics  in  the  consular  districts  into  which  foreign 

countries  are  divided  by  our  State  Department.     These 

Consuls,  of  which  there  are  three  grades,  Consuls-Gen- 

congree-       cral,  Cousuls,  and  Consular  Agents,  look  after  the  com- 

rectory,        mercial  interests  of  the  United  States  in  those  districts. 

1900 

277-294.  They  care  for  destitute  American  sailors  and  protect  the 
interests  of  our  citizens  in  foreign  countries.  In  some 
of  the  non-Christian  nations,  such  as  China  and  Turkey, 
the  Consuls  also  have  jurisdiction  over  all  criminal 
cases  in  which  any  American  citizen  may  be  a  party.  The 
importance  of  such  a  service  to  the  country  is  self-evi- 
dent. The  appointment  of  these  1,200  officials,  some 
250  of  them  being  Consuls-General  and  Consuls,  is  usu- 
ally secured  under  party  pressure.  It  would  have  a  whole- 
some influence  in  our  rapidly  developing  commercial  in- 
terests were  these  positions  placed  in  the  classified  service. 


The  Department  of  the  Treasury 

The  Department  of  the  Treasury  is  the  most  exten- 
sive and  complex  of  the  Executive  Departments.  In 
general,  the  Secretary  of  the  Treasury  has  charge  of  the 


The  Cabinet  and  the  Executive  Departments      287 

finances  of  the  nation.  He  is  required  to  prepare  plans  Secretary 
for  the  creation  and  improvement  of  the  revenues  and  Treasury, 
the  public  credit  and  to  superintend  the  collection  of 
the  revenue.  He  gives  orders  for  all  moneys  drawn 
from  the  Treasury  in  accordance  with  appropriations 
made  by  Congress,  and  submits  an  annual  report  to 
Congress  which  contains  an  estimate  of  the  probable 
receipts  and  expenditures  of  the  government. 

It  is  very  important  that  the  accounts  of  the  govern- 
ment should  be  carefully  scrutinized,  and  one  of  the  six 
auditors  connected  with  the  Treasury  Department  must  The  six 

,1  1        <•  1  T         «^  T  auditors. 

pass  upon  the  accounts  of  every  public  officer  who  pays 
out  money.  Thus  the  auditor  for  the  Treasury  De- 
partment examines  all  accounts  of  salaries  and  incident- 
al expenses  of  the  office  of  the  Secretary  of  the  Treas- 
ury and  all  other  offices  under  his  immediate  direction, 
such  as  the  Treasurer  and  the  Assistant  Treasurers, 
Directors  of  the  Mint  and  Assay  Offices.  Another  au- 
ditor examines  the  accounts  connected  with  the  busi- 
ness of  the  Department  of  War.  There  is  also  an  au- 
ditor for  the  Department  of  the  Interior,  one  for  the 
Navy  Department,  one  for  the  Department  of  State,  of 
Justice,  and  of  Agriculture,  and  one  for  the  Post-Office 
Department.  The  auditor  for  this  last  department  has 
400  clerks  under  his  direction.  It  is  the  largest  ac- 
counting office  in  the  world. 

The  Comptroller  of  the  Treasury  is  required  to  revise 
the  accounts  of  any  auditor  when  an  appeal  is  made  Comptroiiei 
from  the  auditor's  decision  by  the  claimant,  by  the  Treasury, 
head  of  the  department  interested,  or  by  the  Comptroller 
himself.  He  prescribes  the  forms  of  keeping  the  pub- 
lic accounts  (except  those  relating  to  the  postal  service), 
and  directs  the  recovery  of  debts  due  the  United  States 
which  have  been  passed  upon  by  the  auditors. 

All  of  the  money  of  the  United  States  is  under  the 


288  The  Cabinet  and  the  Executive  Departments 

TheTreas-  care  of  the  Treasurer.  He  receives  and  pays  it  out 
upon  the  warrant  of  the  Secretary  of  the  Treasury  or  a 
designated  assistant,  redeems  the  notes  of  the  National 
banks,  and  manages  the  Independent  Treasury  System. 
This  system  renders  the  Treasury  Department  practi- 
cally independent  of  the  banks  of  the  country.  It  in- 
cludes the  Treasury  at  Washington  and  sub-treasuries, 
each  in  charge  of  an  Assistant  Treasurer,  at  Boston, 
New  York,  Philadelphia,  Baltimore,  Cincinnati,  Chicago, 
St.  Louis,  New  Orleans,  and  San  Francisco.  While  the 
greater  part  of  the  money  belonging  to  the  government 
is  found  in  these  places,  about  200  National  banks  have 
also  been  designated  as  public  depositories. 
The  Regis-  The  Register  of  the  Treasury  signs  and  issues  all 
Treasury.  bonds  of  the  United  States,  and  signs  all  transfers 
which  convey  money  from  the  Treasury  to  the  sub- 
treasuries  or  to  any  of  the  depositories. 

The  Bureau  of  Engraving  and  Printing  is  one  of  the 

The  Chief      largest  in  the  Department  and  employs  about  1,600  peo- 

reau  of  En-    pie.     It  has  been  said  that  the  products  of  this  bureau, 

Printmg^^     in  the  course  of  a  single  year,  represent  a  sum  equal  in 

value  to  all  the  money  in  circulation  in  the  United 

States ;  for  here  the  engraving  of  the  plates  and  the 

printing  of  all   the  United   States  circulating  notes, 

bonds,  revenue  stamps,  and  postage  stamps  are  done. 

The  duties  of  the  Comptroller  of  the  Currency  and 
Commissioner   of   Internal   Revenue  are  discussed  on 
pages  186,  217  and  218. 
other  offi-         Among  the  other  leading  officials  of  the  Treasury  De- 
Treasury^     partment  are  the  Director  of  the  Mint,  General  Super- 
men?^ intendent  of  the  Life  Saving  Service,  Solicitor  of  the 
Treasury,  Supervising  Surgeon-General,  and  Supervis- 
ing Architect. 

The  Life  Saving  Service,  under  a  General  Superintend- 
ent, is  one  of  the  most  important  branches  of  the  Treas- 


The  Cabinet  and  the  Executive  Departments  289 

ury  Department.     More  than  2,000  men  are  employed  The  Life 
in  the  273  stations,  located  generally  at  danger  points  ^c"?.^^ 
on  the  oceans  and  the  great  lakes.     Out  of  the  4,337 
lives  imperilled  in  the  year  1903  in  the  disasters  on  Annual  Re- 
water,  only  24  were  lost.     Of  the  property  involved,   secre^tary^of 
which  was  valued  at  $9,051,150,  88  per  cent,  was  saved.   i9(3?-i903! 
It  has  been  estimated  that  225,000  lives  have  been  saved 
through  this  service  since  it  was  founded  in  1848. 

The  Solicitor  of  the  Treasury  is  the  law  officer  of  the 
department,  and  has  charge  of  all  prosecutions  by  the  solicitor  of 
government  arising  out  of  the  counterfeiting  of  the  ury. 
government  securities,  or  of  the  infringement  of  customs- 
revenue,  and  of  all  suits  for  the  collection  of  moneys 
due  the  United  States,  except  those  due  under  the  in- 
ternal-revenue lawso 

The  Supervising  Surgeon-General  superintends  the 
twenty-two  marine  hospitals  where  our  sick  sailors  are  Supervising 
cared  for;  conducts  the  quarantine  service  of  the  United  Ge?eraL' 
States;  and  directs  the  laboratories  for  the  investigation 
of  the  causes  of  contagious  diseases. 

The  Supervising  Architect  prepares  the  plans  for  gov-  supervising 
ernment  buildings  and  superintends  their  construction. 

Military  and  Naval  Affairs. 

The  President  has  never  assumed  command  of  the 
army  in  person,  but  has  delegated  his  authority  to  offi- 
cers whom  he  selects.  The  Secretary  of  War  and  Secre- 
tary of  the  Navy  exercise  this  authority  during  the  time 
of  war.  They,  in  turn,  select  other  officers  to  assist 
them.  The  orders  given  by  the  President  to  any  officer 
are  strictly  imperative. 

The  Secretary  of  War  has  charge  of  the  military  affairs  secretary  of 
of  the  government  under  the  direction  of  the  President. 
He  supervises  all  estimates  of  appropriations  for  the 
expenses  of  the  department,  for  the  purchase  of  all  sup- 


290      The  Cabinet  and  the  Executive  Departments 


Adjutant- 
General. 


Inspector- 
General. 


Quarter- 
master- 
General. 


Commis- 
sarv-Gen- 
eral. 


Chief  of 
Ordnance. 


Judge-Ad 

vocate-Gen- 

eral. 


Corps  of 
Engineers. 


plies  for  the  army,  and  for  its  transportation.  He  has 
under  his  supervision  the  military  academy  at  West 
Point;  and  all  the  National  cemeteries.  He  has  the 
oversight  also  of  river  and  harbor  improvement ;  and  of 
the  prevention  of  obstruction  to  navigation.  All  chiefs 
of  the  eleven  bureaus  are  regular  army  officers. 

The  Adjutant-General  issues  orders  for  the  muster 
of  troops  and  for  their  movement,  conducts  the  corre- 
spondence of  the  Department,  and  keeps  the  records. 

The  Inspector-General  examines  and  reports  on  all 
places  where  United  States  troops  are  stationed  ;  on 
public  works  carried  on  by  army  officers;  and  on  the 
Military  Academy  and  prisons. 

Under  direction  of  the  Quartermaster-General,  the 
army  is  transported,  clothed,  and  equipped. 

Food  is  supplied  the  army  by  order  of  the  Commis- 
sary-General, and  medicine  by  order  of  the  Surgeon-Gen- 
eral ;  and  arms  are  supplied  by  the  Chief  of  Ordnance. 
The  arms  used  are  manufactured  cbiefly  in  the  United 
States  arsenals,  which  are  under  the  control  of  the  War 
Department.  The  arsenals  at  Springfield,  Massachu- 
setts, and  Rock  Island,  Illinois,  manufacture  rifles  and 
carbines ;  and  that  at  West  Troy,  New  York,  cannon  and 
mortars. 

The  proceedings  of  all  courts-martial  and  courts  of 
inquiry  are  reviewed  and  recorded  under  the  direction 
of  the  Judge-Advocate-General.  He  is  also  the  legal 
adviser  of  the  Secretary  of  War  on  questions  relating  to 
the  army. 

The  Corps  of  Engineers  is  in  charge  of  the  Chief  of 
Engineers.  The  duties  of  these  officials  are  to  locate 
and  construct  fortifications,  military  bridges,  and  light- 
houses; and  to  carry  on  the  work  of  the  government  for 
the  improvement  of  harbors  and  navigable  rivers. 

The  Chief  Signal  Officer  supervises  all  military  sig- 


Tlie  Cabinet  and  the  Executive  Dej)artments      291 

naling,  such  as  communicating  messages  from  distant  chief  signal 
points  by  the  use  of  flags,  the  heliograph,  flashlights, 
and  similar  devices.     He  is  also  charged  with  the  super- 
vision of  the  construction  and  operation  of  all  military- 
telegraph  lines. 

The  United  States  military  academy  at  West  Point  was  founded    The  United 

States 
in  1802.     The  corps  of  cadets  is  made  up  of  one  cadet  from  each    military 

of  the  Congressional  districts,  one  from  each  of  the  Territories  and  academy, 
the  District  of  Columbia,  and  one  hundred  from  the  United  States 
at  large.  Prior  to  the  year  1900  there  were  only  ten  cadets  at 
large.  The  act  of  that  year  also  provided  that  thirty  cadets  were 
to  be  named  by  the  President  directly,  and  the  remainder  appor- 
tioned among  the  States.  They  all  receive  their  appointments  from 
the  President,  but  it  has  become  the  custom  for  the  Representatives 
and  Delegates  to  select  those  from  the  Congressional  districts  and 
the  Territories.  An  appointment  may  be  made  after  a  competitive 
examination,  which  is  the  usual  way,  or  without  such  a  test,  accord- 
ing to  the  wishes  of  the  Representative.  The  cadet  must  be  between 
seventeen  and  twenty-two  years  of  age.  Each  receives  f  540  a  year 
during  the  four  years  of  his  course.  The  course  of  study  has  for 
the  principal  subjects  :  mathematics,  French,  Spanish,  drawing, 
tactics,  physics,  chemistry,  geology,  history,  international  and  con- 
stitutional law,  civil  and  military  engineering,  and  the  science  of 
war.  Upon  graduation,  the  cadets  are  commissioned  as  second 
lieutenants  in  the  United  States  army.  In  case  there  are  more  grad- 
uates than  vacancies,  those  in  excess  are  honorably  discharged  with 
the  payment  of  one  year's  salary. 


The  Department  of  the  Navy. 

The  duties  of  the  Secretary  of  the  Navy  pertain  to  secretary  of 
the  construction,  manning,  arming,  equipping,  and  em- 
ployment of  war-vessels.  The  work  is  distributed  among 
the  following  bureaus  :  navigation,  yards  and  docks, 
equipment,  ordnance,  construction  and  repair,  steam 
engineering,  medicine  and  surgery,  supplies  and  ac- 
counts. The  chiefs  of  these  bureaus  are  officers  of  the 
United  States  navy. 


292       The  Cabinet  and  the  Executive  Departments 

The  naval  observatory  at  "Washington  is  under  the  direction  of  the 
The  United  Secretary  of  the  Navy  ;  also  the  naval  academy  at  Annapolis,  estab- 
academ^^^  lished  in  1846.  One  cadet  is  allowed  in  the  naval  academy  for  each 
member  or  delegate  of  the  House  of  Representatives,  one  for  the 
District  of  Columbia,  and  ten  at  large.  Candidates  for  admission, 
at  the  time  of  their  examination,  must  be  between  the  ages  of  fifteen 
and  twenty  years.  The  nomination  of  a  candidate  to  fill  a  vacancy 
is  made  upon  recemmendation  of  a  Representative  or  Delegate,  if 
made  before  July  1 ;  but  if  no  recommendation  be  made  by  that 
time,  the  Secretary  of  the  Navy  fills  the  vacancy  by  appointing  an 
actual  resident  of  the  district  in  which  the  vacancy  exists.  The 
President  selects  the  candidates  at  large  and  the  cadet  for  the  Dis- 
trict of  Columbia.  At  the  conclusion  of  the  six  years'  course,  two 
of  which  are  spent  at  sea,  the  graduates  are  assigned  in  order  of 
merit  to  the  vacancies  that  may  have  occurred  in  the  lower  grades 
of  the  line  of  the  navy  and  of  the  marine  corps.  Cadets  who  are 
not  assigned  to  service  after  graduation  are  honorably  discharged 
and  are  given  $500,  the  amount  they  have  received  each  year  of 
their  course  at  the  academy. 


The  Department  of  Justice. 

Attorney-  The  Attorney-General  is  the  legal  adviser  of  the  Pres- 

ident and  of  the  heads  of  the  departments.  He  super- 
vises the  work  of  all  the  United  States  District  Attor- 
neys and  Marshals,  and  is  assisted  by  the  Solicitor-Gen- 
eral. Unless  otherwise  directed,  all  cases  before  the 
Supreme  Court  and  the  Court  of  Claims  in  which  the 
United  States  is  a  party  are  argued  by  the  Attorney- 
General  and  the  Solicitor-General.  The  law  oflBcers  of 
the  various  departments  are  also  under  the  direction  and 
control  of  the  Attorney-General. 


The  Post-Office  Department. 

PostmaBter-  The  Postmaster-Gcncral  is  at  the  head  of  this  depart- 
ment.  He  appoints  all  of  the  officers  of  the  depart- 
ment, with   the  exception  of  the  four  Assistant  Post- 


The  Cabinet  and  the  Executive  Departments      293 

masters-General  and  4,489  Postmasters,  whose  salaries 
are  not  less  than  $1,000  and  whose  appointments  are 
made  by  the  President  with  the  consent  of  the  Senate.  • 
The  Postmaster-General  may,  with  the  consent  of  the 
President,  let  contracts  and  make  postal  treaties  with 
foreign  governments. 

Since  1891,  the  United  States  has  been  a  member  of  the  Uni- 
versal Postal  Union.     By  this  Union  over  fifty  distinct  powers  be-   The  Postal 
came  parties  to  an  agreement  by  which  uniform  rates  of  postage      ^^°"' 
were   agreed    upon  and   every  facility  for  carrying  mails  in  each 
country  was  extended  to  all  the  others. 

There  are  four  bureaus  in  the  department,  each  in 
charge  of  an  Assistant  Postmaster-General.     The  gen-  Bureaus  of 
eral  management  of  the  post-offices  with  their  clerks  and  office  De- 
carriers  is  under  the  direction  of  the  first  Assistant.   ^^  ^^^ ' 
The  second  Assistant  looks  after  the  transportation  of 
the  mails ;  the  third  Assistant  furnishes  stamps  and  has 
charge  of  the  finances  ;  while  the  fourth  Assistant  looks 
after  the  appointment  of  nearly  73,000  postmasters  and 
directs  the  inspectors. 


The  Department  of  the  Interior. 

The  Interior  Department,  under  the  supervision  of  The  Secre- 
the  Secretary  of  the  Interior,  is  one  of  the  most  complex  inKor.  ^ 
and  important   of   the   departments.      There  are  two 
Assistant  Secretaries  in  the  department,  while  at  the 
head  of  the  other  offices  are  six  Commissioners  and  two 
Directors. 

The  Commissioner  of  the  General  Land  Office  has  commis- 
charge  of  all  the  public  lands  of  the  government,  and  the^Generai 
supervises  the  surveys,  sales,  and  issuing  of  titles  to  this  fiS 
property  (see  p.  333). 

The  Commissioner  of  Education  is  the  chief  of  the  commis- 
Bureau  of  Education.     This  bureau  has  charge  of  the  Educat?on. 


294      Tlie  Cabinet  and  the  Executive  Departments 


Commis- 
sioner of 
Pensions. 


Commis- 
sioner of 
Indian 
Affairs. 


collection  of  facts  and  statistics  relating  to  the  educa- 
tional systems  and  to  progress  along  educational  lines 
in  the  several  States  and  Territories^  and  also  in  foreign 
countries.  The  reports  issued  by  the  bureau  are  of 
great  value  to  those  interested  in  education.  The  Com- 
missioner has  advisory  power  only,  except  in  Alaska. 
Here,  he  directs  the  management  of  the  schools. 

The  Commissioner  of  Pensions  supervises  the  examina- 
tion and  adjustment  of  all  claims  arising  under  the  laws 
of  Congress  granting  bounty  land  or  pensions  on  account 
of  services  in  the  army  or  navy  during  the  time  of  war. 
That  our  government  has  not  been  ungrateful  may  be 
gathered  from  the  report  of  the  Commissioner  for  1901. 
There  were  in  that  year  997,735  pensioners,  to  whom 
were  paid  approximately  $140,000,000,  or  an  amount 
equal  to  24  per  cent,  of  the  total  revenues  of  the  gov- 
ernment. 

Prior  to  1871  the  Indian  tribes  were  treated  as  inde- 
pendent nations  by  the  United  States,  but  by  a  law  of 
that  year  the  general  government  was  made  the  guard- 
ian of  their  interests.  The  Commissioner  of  Indian 
Affairs  exercises  a  protecting  care  over  these  *^  wards'^ 
by  directing  the  work  of  the  Indian  agents  and  of  the 
superintendents  of  Indian  schools. 


Indian 
reserva- 
tions. 


There  are  some  200,000  Indians  on  the  177  reservations  which  are 
situated  in  the  various  States  and  Territories.  The  lands  of  these 
reservations  are  held  in  common;  that  is,  the  ownership  is  tribal 
rather  than  individual.  It  is  the  policy  of  the  government,  how- 
ever, to  bring  about  the  allotment  of  lands  "  in  severalty,"  and 
thus  to  encourage  the  Indians  to  adopt  an  agricultural  life.  The 
Indians  are  only  partially  self-supporting:  Some  tribes  derive  an 
income  from  funds  which  are  the  proceeds  derived  from  the  sales 
and  cessions  of  their  lands.  The  National  government  holds  this 
money  in  trust  for  them,  and,  by  direct  appropriation,  supplies  the 
money,  food,  and  clothing  necessary  to  complete  their  support. 
The   expenditures   for  the   needs   of   the   Indians   in    1902   were 


The  Cabinet  and  the  Executive  Departments      295 

$9,736,186.  Over  one-fourth  of  this  sum  was  spent  in  their  educa- 
tion in  Indian  schools,  numbering  nearly  300,  which  are  under  the 
direct  control  of  the  department. 

The  Commissioner  of  Eailroads  secures  regular  re-  commis- 
ports  from  all  companies  whose  roads  have  been  aided  Railroads. 
in  their  construction  by  the  government  through  grants 
of  land  or  otherwise.     He  must  also  see  that  the  laws 
relating  to  the  management  of  those  roads  are  strictly 
enforced. 

The  Director  of  the  Geological  Survey  has  gathered 
much  valuable  information  through  the  examination  of  Director  of 
the  geological  structure,  mineral  resources,  and  mineral  cai  survey.^' 
products  of  the  United  States.     He  has  charge,  also,  of 
the  survey  of  the  forest  reserves. 


The  Department  op  Agriculture. 

The  duties  of  the  Secretary  of  Agriculture  are  :  *'  To 
acquire  and  diffuse  among  the  people  of  the  United  secretary 
States  useful  information  on  subjects  connected  with  Sre.  ^"^ 
agriculture  in  the  most  comprehensive  sense  of  that 
word.''  The  activities  of  the  department  are  along 
many  lines,  as  indicated  by  the  names  of  the  bureaus 
and  divisions. 

One  of  its  most  important  services  is  performed  in 
the  Bureau  of  Animal  Industry,  which  inspects  the  Bureau  of 
greater  part  of  the  meat  products  exported  to  European  ^dS^. 
countries.  The  law  providing  for  this  inspection  was 
necessary  because  of  the  claim  in  European  markets 
that  diseased  meats  were  shipped  from  the  United  States. 
An  inspection  is  also  provided  for  live  animals  intended 
for  exportation  and  of  animals  imported.  Much  scien- 
tific work  is  also  devoted  to  the  study  of  the  various 
diseases  of  animals. 

In  like  manner,  the  Division  of  Vegetable  Physiology 


296      The  Cabinet  and  the  Executive  Departments 


Division  of 

Vegetable 

Physiology. 


New  bu- 


Biological 
Survey. 


Division 
of  Seeds. 


Public 
Boad  In- 
quiries. 


Weather 
Bureau. 


and  Pathology  is  engaged  in  the  study  of  diseases  affect- 
ing trees,  and  that  of  Entomology  in  the  investigation 
of  injurious  insects. 

Continuous  advancement  is  being  made  by  the  gov- 
ernment toward  placing  the  agricultural  pursuits  upon 
a  more  scientific  basis.  Thus,  Congress  in  1901  rec- 
ognized the  value  of  the  work  done  by  changing  the 
Divisions  of  Forestry,  of  Chemistry,  and  of  Soils  into 
bureaus.     A  Bureau  of  Plant  Industry  was  also  formed. 

The  Division  of  Biological  Survey  carries  on  the  study 
of  the  geographic  distribution  of  animals  and  plants 
and  of  the  food  habits  of  birds. 

Over  1100,000  are  expended  each  year  by  the  Division 
of  Seeds  in  the  purchase  of  ^'^rare  and  valuable"  seeds, 
bulbs,  and  plants.  These  are  distributed  free  through- 
out the  country  for  the  purpose  of  fostering  the  intro- 
duction of  new  and  more  valuable  crops. 

Another  important  interest  is  carried  on  by  the  Office 
of  Public  Road  Inquiries.  Here  experiments  are  made 
with  regard  to  the  best  system  of  road-making  and  the 
best  materials  to  be  used  for  that  purpose. 

The  Divisions  of  Botany  and  of  Gardens  and  Grounds 
are  also  in  the  department. 

Through  the  Weather  Bureau  daily  forecasts  and 
warnings  of  storms  are  sent  to  over  50,000  different 
points ;  and  storm  signals  are  displayed  at  300  places 
on  our  coasts.  By  its  operation,  millions  of  dollars  are 
saved  each  year  to  the  agricultural  and  maritime  in- 
terests of  the  country.  A  recent  decree  of  the  Post- 
Office  Department  renders  the  reports  of  the  bureau 
of  still  greater  service.  Slips  of  paper  having  the 
storm,  frost,  or  other  warnings  printed  on  them  are  to 
be  distributed  by  the  rural  mail  carriers  at  the  various 
houses  in  the  districts  affected. 


The  Cabinet  and  the  Executive  Departments      297 


The  Department  op  Commerce  and  Labor. 
Because  of  the  nature  of  the  subiects  assigned  to  this  Secretary  of 

•  Til  J?  j_i  1.    Commerce 

new  department,  it  will  rapidly  become  one  oi  the  most  and  Labor, 
important  of  the  departments.  At  its  head  is  a  Secretary. 
Strictly  speaking,  there  have  been  only  two  bureaus 
created  for  the  department,  the  others  having  been 
transferred  from  the  other  departments.  The  new 
bureaus  are  those  of  Corporations  and  of  Manufactures. 
The  Commissioner  of  Corporations  is  expected  to  inves- 
tigate the  organization,  conduct,  and  management  of  the 
business  of  corporations  and  other  combinations  engaged 
in  interstate  commerce,  and  to  see  that  all  anti-trust 
laws  enacted  by  Congress  are  enforced.  The  duties  of 
the  Commissioner  of  Manufactures,  as  defined  by  the 
law,  are  ^'  to  foster,  promote,  and  develop  the  various 
manufacturing  industries  of  the  United  States  and 
markets  for  the  same  at  home  and  abroad  by  gathering, 
compiling,  publishing,  and  supplying  all  available  and 
useful  information  concerning  such  industries  and  such 
markets,  and  by  such  other  methods  and  means  as  may 
be  prescribed  by  the  Secretary  or  provided  by  law."*^  The 
President  is  given  the  power  to  transfer  to  the  depart- 
ment those  bureaus  in  other  departments  which  are  en- 
gaged in  scientific  or  statistical  work,  the  Interstate 
Commerce  Commission  and  the  scientific  divisions  of 
the  Agricultural  Department  being  excepted.  The 
offices  which  have  been  transferred  are  as  follows  :  the 
Bureau  of  Statistics  ;  Census  and  Immigration  Bureaus  ; 
Bureau  of  Foreign  Commerce  of  the  State  Department ; 
the  Bureau  of  Standards  of  Weights  and  Measures  ; 
Bureau  of  Navigation  and  the  Shipping  Commission- 
ers ;  the  Steamboat  Inspection  Service  ;  Fish  Commis- 
sion ;  Coast  and  Geodetic  Survey ;  and  Lighthouse  Board. 


tion. 


298      The  Cabinet  and  the  Executive  Departments 

The  Chief  of  the  Bureau  of  Statistics  collects  and 
The  Chief  of  publishes  the  annual  statistics  on  commerce.*  These 
ofstatistics.  reports  are  of  such  a  character  that  they  are  invaluable 
to  the  President  in  the  preparation  of  his  messages  ; 
and  they  are  used  extensively  by  the  Heads  of  Depart- 
ments, members  of  Congress,  and  the  public.  Tariff 
laws,  special  legislation  for  particular  industries,  and  all 
international  trade  treaties  are  also  based  on  these  com- 
pilations. The  greatest  demand  is  for  the  Annual 
Statistical  Abstract,  which  presents  in  a  condensed  form 
the  history  of  the  commerce  of  the  United  States  for  a 
number  of  preceding  years. 

The  Commissioner  of  Immigration  superintends  the 
The  Com-  work  douc  by  the  inspectors  of  immigrants,  f  Every 
tomigra-°  immigrant  must  undergo  a  rigid  examination  in  order 
to  ascertain  whether  he  belongs  to  any  of  the  prohibited 
classes  (see  page  198).  Each  immigrant  pays  a  tax  of 
one  dollar,  which  sum  is  used  to  defray  the  expenses  of 
the  bureau. 

There  have  also  been  created  at  different  times  commissions 
and  boards  having  executive  functions,  but  which  are  not  connect- 
ed with  any  of  the   departments.     They  are  as  follows  :  the  Civil 

*  Monthly  reports  are  made  by  our  Consuls  on  improvements  in 
agricultural  and  manufacturing  processes.  These  reports  also  give  in- 
formation regarding  good  markets  for  our  products  and  of  the  best 
markets  in  which  to  purchase  foreign  products.  Among  scores  of  similar 
subjects,  our  Consuls  reported  in  February,  1904,  on  the  following  : 
Agricultural  Machines  in  Russia ;  American  Apples  in  France  ;  American 
Boots  and  Shoes  in  New  Zealand  ;  Radium  Industry  ;  Wages  and  Cost 
of  Living  in  Germany. 

t  During  the  year  ending  June  30,  1908,  there  arrived  in  the  United 
States  857,046  aliens,  traveling  in  the  steerage.  This  was  an  excess  of 
208,303  over  the  preceding  year  ;  185,667  could  neither  read  nor  write; 
233,546  were  Italians ;  82,343  were  Poles ;  and  the  other  chief  nationalities 
in  order  of  numbers  were  Scandinavians,  Hebrews,  Germans,  Irish, 
Slovak,  Croatian-Slavonian  ;  8,769  were  denied  admission  at  the  ports ; 
5,812  of  these  were  paupers  ;  1,773  had  some  communicable  disease  ;  and 
1,086  were  contract  laborers. 


The   Cabinet  and  the  Executive  Departments     299 

Service  Commission,  described  on  p.  277;  the  Interstate  Com-  Additional 
merce  Commission,  described  on  p.  202 ;  the  Board  on  Geographic  gio^f^and 
Names,  the  Bureau  of  American  Republics,  and  the  Industrial  t>oards. 
Commission.  Special  officials  and  boards  are  in  charge  of  the 
National  Museum,  the  Bureau  of  Ethnology,  the  Library  of  Con- 
gress, the  Government  Printing  Office,  and  the  Smithsonian  Institu- 
tion. The  Government  Printing  Office  was  established  in  1861. 
Facilities  for  publishing  the  Congressional  debates,  reports  of  the 
executive  departments,  etc.,  have  been  greatly  multiplied  from 
year  to  year.  Some  15,000  copies  of  the  President's  annual  mes- 
sage and  12,000  copies  of  the  abridgment  of  the  message,  40,000 
copies  of  the  report  of  the  Commissioner  of  Education,  54,000  of 
the  Congressional  directory,  and  other  reports  in  similar  quantities 
are  printed  each  year  for  free  distribution.  A  large  extension  of 
the  Government  Printing  Office  was  authorized  in  1900  and  $2,429,- 
000  were  appropriated  for  that  purpose.  It  is  said  that  with  this 
extension  it  will  constitute  the  largest  and  best  equipped  printing 
estabUshment  in  the  world. 

In  1829,  James  Smithson,  an  English  scientist,  gave  some 
$500,000  to  the  United  States  for  the  purpose  of  founding  at 
Washington,  "  an  establishment  for  the  increase  and  diffusion  of 
knowledge  among  men."  The  Smithsonian  Institution  is  notable 
because  of  its  Museum,  which  offers  scientists  such  excellent 
opportunities  for  original  investigation. 


Supplementary  Questions  and  References. 

1.  a.  Does  the  President  select  the  members  of  his  Cab- 
inet from  among  former  members  of  Congress  ? 
Would  this  be  desirable? 

6.  Have  the  members  of  the  Cabinet  ever  been  al- 
lowed to  appear  before  Congress  in  the  interests 
of  their  own  departments?  Would  this  be  de- 
sirable? Wilson,  Congressional  Government, 
257  ;  Walker,  The  Making  of  the  Nation,  92  ; 
Bryce,  American  Commonwealth,  I,  chapter  9  ; 
Atl.  Mo.,  65  :  771-772. 

c.  Who  are  now  the  heads  of  the  executive  depart- 
ments ?  Were  they  prominent  in  National  af- 
fairs before  they  were  selected  for  these  positions  ? 


300     The  Cabinet  and  the  Executive  Departments 

d.  What  reasons  can    you  give  for   the    belief  that 

other  departments  should  be  added  to  the  Cab- 
inet? 

e.  In  1901,  a  bill  was  introduced  in   the   House  of 

Representatives  which  provided  for  an  increase 
of  the  annual  salary  of  the  Vice-President  to 
$25,000  and  that  of  each  member  of  the  Cabinet 
to  $15,000.  What  reasons  can  you  give  for  or 
against  such  a  change  ? 

2.  a.  What  was  the  history  of  the  State  Department  prior 

to  1789  ?  Harrison,  This  Country  of  Ours,  182-187. 
h.  Give  a  list  of  the  Presidents  who  have  been  Secre- 
taries of  State.  How  do  you  account  for  this 
policy  in  the  first  years  of  our  government,  and 
not  at  a  later  time  ?  Name  some  of  the  other 
prominent  Secretaries  of  State. 

3.  a.   Who   are  our  Ambassadors?     Can  you   give   the 

name  of  any  foreign  Ambassadors  in  Washing- 
ton?   See  Congressional  Directory. 

b.  The  methods  by  which  our  ministers  are  selected, 

take  possession  of  their  offices,  and  are  presented 
at  foreign  courts  are  described  in  Curtis,  The 
United  States  and  Foreign  Powers,  15-21. 

c.  The  duties  of  ministers.     Curtis,  The  United  States 

and  Foreign  Powers,  22-26. 

d.  Ought  our  Ambassadors  to  be  changed  every  four 

years?  Our  Need  of  a  Permanent  Diplomatic 
Service,  Forum,  25:  702-711. 

e.  Are    our   Ambassadors   given   adequate    salaries  ? 

Diplomatic  Pay  and  Clothes,  Forum,  27: 
24-32  ;  Curtis,  The  United  States  and  Foreign 
Powers,  13,  14. 

4.  From  a  consular  report  learn  what  the  duties  of  a  Con- 
sul are.  Curtis,  The  United  States  and  Foreign  Powers, 
30-33. 

5.  For  an  account  of  our  consular  service,  a  comparison 
with  that  of  foreign  nations,  and  a  consideration  of  some  of 
the  weaknesses  in  our  system,  see  Curtis,  The  United  States 
and  Foreign  Powers,  28-30  ;  Evils  to  be  Remedied  in  Our 


Tlie  Cabinet  and  the  Executive  Departments     301 

Consular  Service,  Forum,  22  :  673-683  ;  A  Business  Man  and 
the  Consular  Service,  Century  Mag.,  60  :  268-271  ;  Our  In- 
adequate Consular  Service,  Forum,  25  :  546-554  ;  Faults  in 
Our  Consular  Service,  N.  Am.  Rev.,  156  :  461-466;  Reforms 
in  the  Consular  Service,  N.  Am.  Rev.,  158:  412-422  ;  Foreign 
Trade  and  our  Consular  Service,  N.  Am.  Rev.,  162  :  274-286  ; 
Consular  Service  and  the  Spoils  System,    Century  Mag., 
48  :  306-311  ;    Abuses    in   our    Consular    System    Arising 
through  Appointment,  Atl.  Mo.,  85:455-466,  and  669-683 
How  Other  Countries  Do  It,  Century  Mag.,  57  :  604-611 
Some  Evils  of  our  Consular  Service,  Atl.  Mo.,  74  :  241-252 
A  Plea  for  Consular  Inspection,  Forum,  30  :  28-34. 

6.  What  is  the  Great  Seal  of  the  United  States,  and  what 
is  its  use?    Harrison,  This  Country  of  Ours,  199-200. 

7.  What  is  the  particular  work  of  the  Marine  Depart- 
ment ;  of  the  Steam- Ijoat  Inspection  Service  ;  of  the  Marine 
Hospital?  Lyman  J.  Gage,  Organization  of  the  Treasury 
Department,  Cosmop.,  25  :  355-365. 

8.  What  is  the  work  of  the  Bureau  of  Engraving  and 
Printing?  Spofford,  The  Government  as  a  Great  Pub- 
lisher, Forum,  19  :  338-349. 

9.  What  is  the  extent  of  our  Merchant  Marine  ?  Should 
it  be  increased  ?  Statistical  abstract  of  the  United  States, 
1900,  437-450. 

10.  From  the  appendix  to  the  last  Finance  Report  get 
the  chief  points  connected  with  the  work  of  the  following 
officials:  Treasurer,  Report,  1898,  appendix,  1-20;  Chief  of 
the  Division  of  Special  Agents,  842-860  ;  Chief  of  the  Secret 
Service  Division,  861-867. 

11.  From  the  last  report  of  the  Bureau  of  Statistics 
find  answers  for  the  following :  The  expenditures  of  the 
government  in  the  different  departments  ;  in  what  branches 
there  was  a  large  increase  in  1899 ;  value  of  merchandise 
imported  and  exported  ;  amounts  of  coin,  wheat,  cotton, 
wool,  and  iron  produced,  imported,  and  exported ;  the  chief 
nationalities  of  immigrants,  and  comparison  of  the  total 
number  with  previous  years. 

12.  Are  our  coasts  well  defended  ?  Harrison,  This  Coun- 
try of  Ours,  225. 


302     The  Cabinet  and  the  Executive  Departments 

13.  Describe  the  work  of  the  President,  Secretary  of  War, 
Secretary  of  the  Navy,  and  of  the  other  Cabinet  officers  at 
the  outbreak  of  war.     Cosmop.,  25  :  255-264. 

14.  For  illustrated  articles  on  Education  at  West  Point 
and  Annapolis,  see  Outlook,  59  :  839-849,  825-837. 

15.  a.   What  have  been  the  chief  facts  connected  with  the 

history   of  the  Pension  Bureau?      The   United 

States  Pension  Office,  Atl.  Mo.,  65  :  18-23. 
h.  How  does  the  amount  of  money  paid  for  pensions 

by  the  United  States  compare  with  that  of  other 

nations?     Forum,  12  :  645-651. 
c.  Has  the  pension  policy  of  our  government  been  a 

wise  one?     N.    Am.    Rev.,    153:    205-214  ;  156  : 

416-431  ;  618-630  ;     Century  Mag.,  42  :  790-792  ; 

179-188  ;  46  :  135-140  ;  Forum,  12  :  423-432  ;  15  : 

377-386  ;  439-451  ;  522-540. 

16.  For  accounts  of  the  new  Congressional  Library,  see 
Century  Mag.,  53  :  682-694  ;  694-711  ;  Atl.  Mo.,  85  : 
145-158  ;  Cosmop.,  23  :  10-20. 

17.  What  is  the  special  value  of  the  work  of  the  Bureau 
of  American  Republics  ?  Forum,  30  :  21-27. 


CHAPTER  XXVI 

THE   JUDICIARY 

Hamilton  characterized  the  lack  of  a  judiciary  as  the 
crowning  defect  of  government  under  the   Confedera-   Lack  of  a 

1  udiciRr  V 

tion.     "  Laws,"  he  wrote,  "are   a   dead   letter  without  under  the 
courts  to  expound  and  define  their  true  meaning  and  tion.^  '^The 
operation."     Judicial  powers  were  vested  in  the  Conti-   no.  2?  ^^' 
nental  Congress  or  in  the  agents  of  that  body.     The 
conviction  that  the  Federal  Judiciary  should  constitute 
one  of  three  independent  parts  of  the  government  was 
general  in  the  Constitutional  Convention,  and  after  a 
brief  discussion,  this  was  provided  for  as  follows  : 

The  judicial  power  of  the  United  States  shall  be  vested  Article  in, 
inane  Supreme  Court ,  and  in  such  inferior  courts  as  the 
Congress  may  from  time  to  time  ordain  and  establish.  The 
judges,  both  of  the  Supreme  and  inferior  courts,  shall  hold 
their  offices  during  good  behavior,  and  shall,  at  stated  times, 
receive  for  their  services  a  compensation  which  shall  not  be 
diminished  during  their  continuance  in  office. 

Congress  carried  out  the  provisions  of  this  section  by 
passing  the  Judiciary  act  of  1789.  This  act  provided  Judiciary 
that  the  Supreme  Court  should  consist  of  a  Chief  Jus- 
tice and  five  Associates.  District  Courts  and  Circuit 
Courts  were  also  created  by  it  and  their  functions  as 
inferior  courts  were  defined. 

The  Supreme  Court,  at  present,  consists  of  the  Chief 
Justice  and  eight  Associate  Justices.     It  holds  one  ses-  The 
sion  annually,  at  Washington,  beginning  on  the  second  Court. 
Monday  in  October  and  continuing  until  about  May  1. 


304 


The  Judiciary 


District 
Courts. 


Congres- 
sional Di- 
rectory, 
1903, 
293,  29-1. 


The  territory  of  the  United  States  has  been  divided 
into  judicial  districts,  none  of  them  crossing  State  lines 
and  each  having  a  District  Court. 

Indian  Territory,  New  York  and  Texas  have  each  four  districts ; 
Alabama,  Pennsylvania,  and  Tennessee,  three  each;  Arkansas, 
California,  Florida,  Georgia,  Illinois,  Iowa,  Kentucky,  Louisiana, 
Mississippi,  Michigan,  Missouri,  North  Carolina,  Ohio,  Virginia, 
Wisconsin,  and  West  Virginia  two  each ;  and  the  remaining  States 
have  each  a  single  district.  New  Mexico  and  Oklahoma  constitute 
a  district,  and  also  Alaska,  Arizona,  and  Hawaii.  Generally  there 
is  a  judge  for  each  district,  but  a  single  judge  is  at  times  assigned 
to  two  districts. 


United 
States  Dis- 
trict Attor- 
neys and 
Marshals. 


Circuit 
Courts. 


A  District  Attorney  and  Marshal  are  appointed  by 
the  President  for  each  District.  Their  duties  pertain 
both  to  the  District  and  Circuit  Courts  of  the  District. 
The  United  States  District  Attorney  is  required  to  pros- 
ecute all  persons  accused  of  the  violation  of  Federal 
law  and  to  appear  as  defendant  in  cases  brought  against 
the  government  of  the  United  States  in  his  district. 
The  United  States  Marshals  execute  the  warrants  or 
other  orders  of  the  United  States  District  and  Circuit 
Courts  and,  in  general,  perform  duties  connected  with 
the  enforcement  of  the  Federal  laws  which  resemble  the 
duties  of  sheriffs  under  State  laws. 

Established  by  the  act  of  1789,  each  Circuit  Court 
was,  at  first,  presided  over  by  a  Justice  of  the  Supreme 
Court  and  a  District  Judge.  The  policy  has  been  to 
have  as  many  Circuit  Courts  as  there  are  Justices  of  the 
Supreme  Court.  It  was  not  until  1869  that  a  Circuit 
Judge  was  provided  for  each  of  the  nine  circuits.  The 
area  of  a  circuit  was  determined  by  grouping  several 
districts  together ;  thus,  the  seventh  circuit  includes 
the  districts  of  Indiana,  Northern  and  Southern  Illinois, 
Eastern  and  Western  Wisconsin.  Circuit  Courts  may 
be  held  by  a  Judge  of  the  Supreme  Court  assigned  to 


The  Judiciary  305 

that  circuit,  by  a  Circuit  Judge,  or  by  the   District 
Judge  of  the  district  in  which  the  court  is  held,  or  by 
any  two  of  these  or  by  all  of  them  sitting  together. 
The  law  requires  that  the  Justice  of  the  Supreme  Court 
shall  attend  court  in  each  district  of  his  circuit  at  least 
once  in  two  years.     The  first  and  fourth  circuits  have 
each  two  Circuit  Judges  ;  third,  fifth,  sixth,  seventh,   congres- 
and  ninth  three  each  ;  and  the  second  and  eighth  four  rectory^^' 
each.     The  increase  in  the  number  of  cases  to  be  tried  SS8?Fi'rst 
before  the  Circuit  Courts  made  the  appointment  of  ad-  ^l^^S^\ 
ditional  Circuit  Judges  necessary,  and  by   the  law  of 
1891,  also,  nine  Circuit  Courts  of  Appeals  were  estab- 
lished for  each  of  which  an  additional  Circuit  Judge  circuit 
was  provided.     The  Circuit  Courts  of  Appeals  consist  Appe*ais!^ 
of  three  Judges  each,  any  two  constituting  a  quorum. 
The  Judges  eligible  to  sit  in  one  of  these  courts  are  : 
the  Supreme  Court   Judge   assigned  the   Circuit,  the 
Circuit  Judges,  and  the  District  Judges  of  the  Circuit. 

The  Court  of  Claims  was  established  in  1855  and  con-  court  of 
sists  of  a  Chief  Justice  and  four  Associates.     It  holds  an       ™^' 
annual  session  in  Washington. 

That  the  Judiciary  should  be  independent  of  parties 
and  of  other  infiuences  cannot  be  questioned.  Hence 
the  wisdom  of  the  provision  that  United  States  Judges  Terms  and 
shall  hold  their  offices  during  good  behavior  and  shall  judges, 
receive  a  compensation  for  their  services  which  shall 
not  be  diminished  during  their  continuance  in  office. 
The  Constitution  states  that  Judges  of  the  Supreme 
Court  shall  be  appointed  by  the  President  with  the  con- 
sent of  the  Senate.  It  has  been  interpreted  that  the 
Judges  of  the  inferior  courts  are  to  receive  their  ap- 
pointments in  like  manner. 

By  an  act  of  Congress  of  1903,  the  salary  of  the  Chief 
Justice  was  fixed  at  113,000  per  annum  ;  that  of  Asso- 
ciate Justices,  $12,000;   Circuit  Judges,  $7,500;   and 


306 


Tlie  Jtidiciary 


3eriion  2, 
Clause  1. 


Section  2, 
clause  2. 


Bryce, 

American 
Common- 
wealth, I, 
B37-240. 


District  Judges,  16,000.  Any  Judge  who  has  reached 
the  age  of  seventy  years,  and  has  served  ten  years,  may 
retire  on  full  pay  for  life. 

We  are  next  to  consider  the  jurisdiction  of  the  sev- 
eral courts  that  have  been  described. 

The  judicial  power  shall  extend  to  all  cases,  in  law  and 
equity,  arising  under  this  Constitution,  the  laws  of  the 
United  States,  and  treaties  made,  or  which  shall  be  made, 
under  their  authority  ; — to  all  cases  affecting  Ambassadors, 
other  public  ministers  and  Consuls  ; — to  all  cases  of  admir- 
alty and  maritime  jurisdiction  ; — to  controversies  to  which 
the  United  States  shall  be  a  party ; — to  controversies  be- 
tween two  or  more  States  ; — between  a  State  and  citizens  of 
another  State ; — betiveen  citizens  of  different  States  ; — be- 
tween citizens  of  the  same  State  claiming  lands  under  grants 
of  different  States,  and  between  a  State,  or  the  citizens  there- 
of, and  foreign  states,  citizens  or  subjects. 

In  all  cases  affecting  Ambassadors,  other  public  minis- 
ters and  Consuls,  and  those  in  which  a  State  shall  be  party, 
the  Supreme  Court  shall  have  original  jurisdiction.  In  all 
the  other  cases  before  mentioned,  the  Supreme  Court  shall 
have  appellate  jurisdiction,  both  as  to  law  and  fact,  with 
such  exceptions,  and  under  such  regulations  as  the  Con- 
gress shall  make. 

Speaking  of  the  position  of  the  Supreme  Court  in 
our  judicial  system,  Mr.  Bryce  says : 

"  No  feature  of  the  government  of  the  United  States 
has  awakened  so  much  curiosity  in  the  European  mind, 
caused  so  much  discussion,  received  so  much  admiration 
and  been  more  frequently  misunderstood,  than  the 
duties  assigned  to  the  Supreme  Court  and  the  functions 
which  it  discharges  in  guarding  the  ark  of  the  Constitu- 
tion." 

A  careful  consideration  of  clause  1  of  this  section 
shows  the  wide   extent  of  the  powers  of  the  United 


Tlie  Judiciary  307 

States  Courts.  It  shows  too  the  desirability  of  having  Extent  of 
all  such  cases  under  their  jurisdiction  rather  than  under  power, 
the  authority  of  the  State  courts.  This  jurisdiction 
applies  to  two  classes  of  cases.  One  class  has  to  do 
with  the  nature  of  the  questions  involved,  as  in  all  those 
cases  arising  out  of  the  Constitution,  laws,  and  treaties 
of  the  United  States,  and  admiralty  and  maritime  cases. 
The  other  class  of  cases  arises  because  of  the  parties 
to  the  suits,  as.  Ambassadors,  Consuls,  two  or  more 
States,  citizens  of  different  States,  etc. 

The  provisions  here  made,  that  the  judicial  power  shall 
extend  to  controversies  between  a  State  and  citizens  of 
another  State,  and  between  a  State  and  the  citizens  or 
subje^jts  of  a  foreign  state,  were  doubtless  intended  to 
apply  only  to  suits  in  which  a  State  should  attempt,  as  state  as 
plaintiff,  to  secure  justice  in  a  Federal  Court.  But,  "The  Fed- 
contrary  to  expectation,  suits  were  early  brought  against 
some  of  the  States  by  citizens  of  other  States  to  enforce 
the  payment  of  debts  and  other  claims.  In  the  notable 
case  of  Chisholm  vs.  Georgia  in  1793,  Chisholm,  a  citizen 
of  North  Carolina,  began  action  against  the  State  of 
Georgia  in  the  Supreme  Court  of  the  United  States. 
That  court  interpreted  the  clause  as  applying  to  cases 
in  which  a  State  is  defendant,  as  well  as  to  those  in 
which  it  is  plaintiff.  The  decision  was  received  with  dis- 
favor by  the  States,  and  Congress  proposed  the  Xlth 
Amendment  to  the  Constitution,  which  was  ratified  in 
1798  and  reads  as  follows  : 

The  judicial  power  of  the  United  States  shall  not  be  con-  Amendment 
strued  to  extend  to  any  suit  in  law  or  equity,  commenced  or 
prosecuted  against  one  of  the  United  States,  by  citizens  of 
another  State,  or  by  citizens  or  subjects   of  any  foreign 
state. 

The  Supreme  Court  has  original  jurisdiction  in  "all 
cases  affecting  Ambassadors,  other  public  ministers,  and 


XI. 


308 


Tlie  Judiciary 


Original 
ana  appel- 
late juris- 
diction. 


Writ  of 
error.  Story, 
Commenta- 
taries,  II, 
52T. 


Jurisdiction 
of  inferior 
courts.    Cir- 
cuit Courts 
of  Appeals. 
26  Statutes 
at  Large, 
828. 


Circuit 
Courts. 
Harrison, 
This  Coun- 
try of  Ours, 

District 
Courts. 


Consuls,  and  those  in  which  a  State  shall  be  a  party." 
By  original  jurisdiction  is  meant  that  these  cases  may 
be  begun  in  the  Supreme  Court.  Other  cases  come  to 
the  Supreme  Court  from  the  inferior  United  States 
Courts  or  from  the  Supreme  Courts  of  the  States  and 
territories  by  appeal  or  by  writ  of  error.  In  these  cases 
the  Supreme  Courtis  said  to  have  appellate  jurisdiction. 

A  writ  of  error  is  defined  to  be  "  a  process  which  re- 
moves the  record  of  one  court  to  the  possession  of 
another  court,  and  enables  the  latter  to  inspect  the  pro- 
ceedings, and  give  such  judgment  as  its  own  opinion  of 
the  law  and  justice  of  the  case  may  warrant." 

It  is  difficult  in  brief  space  to  define  minutely  the 
province  of  each  court.  The  following  accounts,  ^ihere- 
fore,  give  only  a   general  description. 

The  Circuit  Courts  of  Appeals  are  given  final  juris- 
diction in  certain  cases  appealed  to  them  from  the  Dis- 
trict and  from  the  Circuit  Courts,  such  as  those  arising 
under  the  patent,  revenue,  and  criminal  laws,  as  well  as 
admiralty  and  other  cases  in  which  the  opposing  parties 
to  a  suit  are  an  alien  and  a  citizen,  or  are  citizens  of 
different  States.  The  Supreme  Court  has  thus  been  par- 
tially relieved  from  an  over-crowded  docket.  But  juris- 
diction in  these  cases  may  be  assumed  by  the  Supreme 
Court  if  it  desires  to  do  so. 

Circuit  Courts  have  original  jurisdiction  in  patent  and 
copyright  cases,  and  in  cases  brought  by  the  United  States 
against  National  banks,  and  they  have  exclusive  jurisdic- 
tion in  capital  cases.  ^^  The  jurisdiction  of  the  District 
Courts  chiefly  embraces  criminal  cases,  admiralty  cases, 
bankruptcy  proceedings,  suits  for  penalties, and  the  like.^' 
Ordinary  civil  actions  are  within  the  jurisdiction  of  the 
Circuit  Courts,  where  the  amount  involved,  exclusive  of 
interest  and  costs,  exceeds  $2,000.  Where  the  amount  is 
$2,000  or  less,  the  case  must  be  tried  in  a  State  court. 


The  Judiciary  309 

The  Court  of  Claims  "shall  hear  and  determine  all  court  of 
claims  founded  upon  any  law  of  Congress,  or  upon  any  stSSes  at 
regulation  of  an  executive  department,  or  upon  any  con-  ^*^^®'  ^^^' 
tract,  express  or  implied,  with  the  government  of  the 
United  States,  which  may  be  suggested  to  it  by  a  petition 
filed  therein  ;  and  also  sfU  claims  which  may  be  referred  to 
said  Court  by  either  House  of  Congress."     Claims  for 
pensions  may  not  be  brought  before  this  Court.     The 
judgments  of  the  Court  are  referred  to  Congress  and 
appropriations  are  made  to  cover  them. 


The  Courts  of  the  District  of  Columbia  and  of  the  Territories  are 
under  the  control  of  Congress,  but  are  not  Federal  Courts.   Judges    Territorial 
of  these  courts  are  appointed  in  the  same  manner  as  other  United 
States  Judges,  but  their  appointment  is  only  for  a  term  of  four 
years. 

The  right  of  trial  by  jury  in  all  criminal  cases  had 
been  insisted  upon  by  Englishmen  for  centuries  prior  The  right  of 
to  the  formation  of  our  Constitution.  There  were  two 
branches  to  the  system,  the  grand  and  the  petit  juries. 
Each  performed  the  same  duties  as  they  do  now.  The 
Constitution  provides  that 

The  trial  of  all  crimes,  except  in  cases  of  impeachment,  section2, 
shall  he  by  jury,  and  such  trial  shall  be  held  in  the  State 
where  the  said  crime  shall  have  been  committed  ;  but  ivhen 
not  committed  within  any  State,  the  trial  shall  be  at  such 
place  or  places  as  the  Congress  may  by  law  have  directed. 

This  clause  was  attacked  by  the  opponents  of  the 
Constitution  in  the  State  conventions.  It  was  believed 
that  the  Constitution  did  not  furnish  adequate  safe- 
guards against  unjust  prosecutions.  Because  of  this 
agitation,  Congress,  in  its  first  session,  proposed  the  fol- 
lowing Amendments,  which  were  duly  ratified  by  the 
several  States : 

No  person  shall  be  held  to  answer  for  a  capital,  or  other- 
wise infamous  crime,  unless  on  a  presentment  or  indict- 


310 


The  Judiciary 


Amend- 
ment V. 


Amend- 
meut  "VI. 


Amend- 
ment vn. 


Amend- 
ment VIII. 


Infamous 
crimes. 
Cooley, 
Principles 
of  Constitu- 
tional Law, 
291. 


ment  of  a  grand  jury,  except  in  cases  arising  in  the  land 
or  naval  forces,  or  in  the  militia,  ivhen  in  actual  service  in 
time  of  war  or  public  danger  ;  nor  shall  any  person  be  sub- 
ject for  the  same  offence  to  be  twice  put  in  jeopardy  of  life 
or  limb  ;  nor  shall  be  compelled  in  any  criminal  case  to  be 
a  witness  against  himself  nor  be  'deprived  of  life,  liberty, 
or  property,  without  due  process  of  law  ;  nor  shall  private 
property  be  taken  for  public  use,  without  just  compensation. 

In  all  criminal  prosecutions,  the  accused  shall  enjoy  the 
right  to  a  speedy  and  public  trial,  by  an  impartial  jury  of 
the  State  and  district  wherein  the  crime  may  have  been 
committed,  which  district  shall  have  been  previously  ascer- 
tained by  law,  and  to  be  informed  of  the  nature  and  cause 
^ofthe  accusation;  to  be  confronted  with  the  witnesses  against 
him  ;  to  have  compulsory  process  for  obtaining  witnesses  in 
his  favor,  and  to  have  the  assistance  of  counsel  for  his  de- 
fence. 

In  suits  at  common  law,  where  the  value  in  controversy 
shall  exceed  twenty  dollars,  the  right  of  trial  by  jury  shall  be 
preserved,  and  no  fact  tried  by  a  jury  shall  be  otherivisc  re- 
examined in  any  court  of  the  United  States,  than  according 
to  the  rules  of  the  common  law. 

Excessive  bail  shall  not  be  required,  nor  excessive  fines 
imposed,  nor  cruel  and  unusual  punishments  inflicted. 

Authorities  have  had  difficulty  in  giving  an  exact 
definition  of  an  infamous  crime.  That  given  by  Judge 
Cooley  is  the  most  satisfactory.  He  says  :  "  But  the 
punishment  of  the  penitentiary  must  always  be  deemed 
infamous,  and  so  must  any  punishment  that  involves 
the  loss  of  civil  or  political  privileges." 

A  grand  jury  consists  of  from  twelve  to  twenty-three 
men.  "  They  are  sworn  to  inquire  and  present  all  of- 
fences committed  against  the  authority  of  the  National 
government  within  the  State  or  district  for  which  they 
are  impanelled,  or  elsewhere  within  the  jurisdiction  of 


The  Judiciary  311 

the  National  government.     They  sit  in  secret  and  no   Present- 
accusation  can  be  made  by  them  without  the  concur-  indictment 
rence  of  at  least  twelve.     An  indictment  is  a  written  grand  jury, 
accusation  of  an  offence  drawn  up  by  a  prosecuting  of-  mentaries, 
ficer  on  behalf  of  the  government  and  laid  before  the 
grand  jury."     "A  presentment  is  an  accusation  by  a 
grand  jury  of  an  offence  upon  their  own  observation 
and  knowledge,   or    upon  evidence   before   them,   and 
without  any  bill  of  indictment  laid  before  them  at  the 
suit  of   government."     In  the  case  of  a  presentment, 
the  party  accused  cannot  be  held  to  trial  until  he  has 
been  indicted.     After  hearing  the  evidence,  if  the  grand 
jury  concludes  that  the   accusation  is    not    true    they 
write  on  the  back  of  the  bill,  "  not  a  true  bill  "  or  "  not 
found."     The  accused,  if  held  in  custody,  is  then  given 
his  freedom  but  he  may  be  again  indicted  by  another 
grand  jury.     If   the  grand  jury  decides   that  the  ac- 
cusation is  true  they  then  write  on  the  back  of  the  bill, 
"  a  true  bill  "  or  "  found."     The  indicted  person  must 
be  held  to  answer  the  charges  made  against  him. 

The  accused  must  be  given  a  public  and  speedy  trial 
before  an  impartial  jury,  known  as  the  petit  jury,  con-   Rights  of 

ttiG  Recused 

sisting  of  twelve  men  from  the  district  wherein  the 
crime  was  committed.  The  decision  must  be  unan- 
imous before  a  verdict  can  be  rendered.  The  accused 
is  given  a  copy  of  the  indictment  in  which  the  nature 
of  the  accusation  is  clearly  set  forth  and  is  granted  time 
in  which  to  prepare  for  his  defence.  Equally  just  and 
significant  are  the  provisions  that  he  shall  be  confront- 
ed by  the  witnesses  against  him  ;  may  compel  the  at- 
tendance of  witnesses  in  his  favor  ;  and  may  employ 
counsel  for  his  defence.  In  case  he  is  not  able  to  pay 
for  his  own  counsel  the  judge  appoints  one  whose  ser- 
vices are  paid  for  out  of  the  public  treasury.  If  the 
verdict  has  been  rendered  by  a  jury  and  the  judgment 


312 


The  Judiciary 


Right of 
eminent 
domain. 


Treason 
under  the 
common 
law. 


Article  IH, 
section  3, 
clause  1. 
Definition 
of  treason. 


Who  are 
traitors. 


Cooley, 
Principles 
of  Constitu- 
tional Law, 


pronounced,  the  accused  cannot  be  again  brought  to 
trial  on  the  same  charge. 

The  right  of  "  eminent  domain  "  is  properly  vested 
in  the  government.  By  this  right  private  property 
may  be  taken  for  public  uses  after  the  payment  of  a  just 
price.  The  rights  guaranteed  the  accused  by  these 
Amendments  are  chiefly  derived  from  the  principles  of 
the  common  law  (see  p.  109). 

Treason  has  always  been  regarded  as  one  of  the  worst 
of  offences  and  is  punished  by  the  severest  penalties. 
Under  the  early  common  law,  it  rested  with  the  judges 
to  declare  what  acts  were  treasonable.  Judges  became 
mere  tools  in  the  hands  of  despotic  rulers  and  were  in- 
duced to  declare  certain  conduct  treasonable  which 
had  not  previously  been  so  regarded.  In  the  time  of 
Edward  III,  the  English  Parliament  attempted  to  pro- 
hibit these  abuses  by  giving  a  definition  of  treason. 
The  substance  of  two  of  the  five  articles  of  this  statute 
were  made  a  part  of  our  Constitution  in  the  following  : 

Treason  against  the  United  States  shall  consist  only  in 
levying  war  against  them  or  in  adhering  to  their  enemies^ 
giving  them  aid  or  comfort.  No  person  shall  he  convicted 
of  treason  unless  on  the  testimony  of  two  witnesses  to  the 
same  overt  act,  or  on  confession  in  open  court. 

Parties  to  a  conspiracy  cannot  be  considered  traitors 
until  they  have  actually  assembled  men  for  the  carrying 
out  by  force  of  some  treasonable  purpose.  "All  per- 
sons who  then  perform  any  act,  however  minute,  or 
however  remote  from  the  scene  of  action,  and  who  are 
actually  leagued  in  the  general  conspiracy,  are  to  be  con- 
sidered traitors.  And  one  is  adherent  to  the  enemies 
of  the  country,  and  giving  them  aid  and  comfort,  when 
he  supplies  them  with  intelligence,  furnishes  them  with 
provisions  or  arms,  treacherously  surrenders  to  them  a 
fortress  and  the  like." 


The  Judiciary  313 

Not  only  was  the  punishment  of  treason  under  the 
English  common  law  most  brutal,  but  the  corruption  of  Punishment 
the  blood  and  forfeiture  of  the  estate  of  the  offender 
followed.     "By  corruption  of  blood  all  inheritable  qual- 
ities are  destroyed  ;   so  that  an  attainted  person   can   story,  com- 
neither  inherit  lands  nor  other  hereditaments  from  his  1299. 
ancestors,  nor  retain  those  he  is  already  in  possession  of, 
nor  transmit  them  to  any  heir.    And  this  destruction  of 
all  inheritable  qualities  is  so  complete  that  it  obstructs 
all  descents  to  his  posterity  whenever  they  are  obliged 
to  derive  a  title  through  him  to  any  estate  of  a  remote 
ancestor." 

The  one  limitation,  by  the  Constitution,  on  the  power 
of  Conefress  to  declare  the  punishment  of  treason  re-   "TheFed- 

eraliet "  43. 

strains  that  body  from  extending  the  consequences  of 
guilt  beyond  the  person  who  commits  the  crime : 

TJie  Congress  shall  have  power  to  declare  the  punishment  ^^^^^^^' 
of  treason  J  hut  no  attainder  of  treason  shall  work  corruption 
of  blood  or  forfeiture,  except  duriny  the  life  of  the  person 
attainted. 

The  trial,  on  the  charge  of  treason,  is  intrusted  to  a 
tribunal  appointed  by  Congress.  Congress  has  decreed 
that  the  punishment  on  conviction  shall  be  death,  or,  at 
the  discretion  of  the  court,  fine  and  imprisonment. 


Supplementary  Questions  and  References. 

1.  What  are  the  names  of  the  members  of  the  Supreme 
Court  at  present?  Congressional  Directory,  1900,  266; 
Rev.  of  R's,  23  :  20. 

2.  How  large  are  the  circuit  and  district  in  which  your 
home  is  located  ?  Who  are  the  judges  ?  Congressional 
Directory. 

3.  Under  what  conditions  may  a  case  be  appealed  from 
the  Supreme  Court  of  the  State  to  the  United  States  Su- 


314  The  Judiciary 

preme  Court  ?    Bryce,  American  Commonwealth,  I,  228-230 
(232-234). 

4.  How  is  the  fact,  that  conflicts  between  the  authority 
of  the  Federal  and  the  State  Courts  do  not  arise,  accounted 
for?     Bryce,  I,  234-235  (238). 

5.  Are  the  United  States  Courts  influenced  in  their  deci- 
sions by  politics?    Bryce,  I,  259-261  (265-267). 

6.  Describe  the  influence  of  John  Marshall  as  Chief 
Justice. 

a.  John  Marshall,  American  Statesman  Series,  chap- 
ters 10  and  11. 

&.  Bryce,  I,  261  (267). 

e.  Lodge,  John  Marshall,  Statesman,  N.  Am.  Rev., 
172  :  191-204. 

d.  John  Marshall,  Atl.  Mo.,  87  :  328-341. 

7.  Who  have  been  the  other  Chief  Justices  ? 

8.  Show  how  the  development  of  our  Constitution  by 
interpretation  has  been  brought  about.  Bryce,  I,  366-375 
(376-385). 


CHAPTER  XXVn 

RELATIONS    BETWEEN  THE   STATES,   AND  BETWEEN 
THE  FEDERAL  GOVERNMENT  AND   THE  STATES 

Full  faith  and  credit  shall  he  given  in  each  State  to  the  Article  iv, 
public  acts,  records,  and  judicial  proceedings  of  every  other 
State.     And  the  Congress  may  by  general  laws  prescribe  the 
manner  in  which  such  acts,  records,  and  proceedings  shall  be 
proved,  and  the  effect  thereof. 

The  citizens  of  each  State  shall  be  entitled  to  all  the  priv-  section  2, 
ileges  and  immunities  of  citizens  in  the  several  States. 

A  person  charged  in  any  State  with  treason,  felony,  or  section  2, 
other  crime,  who  shall  flee  from  justice,  and  be  found  in  an- 
other State,  shall,  on  demand  of  the  Executive  authority  of 
the  State  from  which  he  fled,  be  delivered  up,  to  be  removed 
to  the  State  having  jurisdiction  of  the  crime. 

No  person  held  to  service  or  labor  in  one  State,  under  the  Section  2, 

,  ,  -  /.  clause  3. 

laws  thereof  escaping  into  another,  shall  in  consequence  of 
any  law  or  regulation  therein,  be  discharged  from  such  ser- 
vice or  labor,  but  shall  be  delivered  up  on  claim  of  the  party 
to  whom  such  service  or  labor  may  be  due. 

The  Constitution  was  intended  to  form  a  more  com- 
plete bond  between  the  States.  This  union  would  be 
weakened  and  give  rise  to  endless  litigation  and  injus- 
tice were  the  legislative  acts,  records,  and  proceedings  state 
of  the  courts  of  one  State  not  given  the  same  credit  in  ^*^^^  ' 
every  State  as  in  that  where  they  originated.  Legisla- 
tive acts  are  made  authentic  by  having  the  State  seal 
affixed.  The  record  of  a  court  is  "  proved  "  through  the 
signature  of  the  clerk  and  judge  and  affixing  of  the  seal 
of  the  court  where  there  is  one. 

816 


316 


Relations  Between  the  States 


Privileges 
of  citizens. 
Paul  V.  Vir- 
ginia, 8 
Wallace, 
180. 


Fugitive 
criminals. 


Justice 

Miller  on 
the  Con- 
stitution, 
637,  638. 


In  speaking  of  the  privileges  granted  to  the  citizens  of 
a  State  in  every  other  State,  Mr.  Justice  Field  says  :  "It 
relieves  them  from  the  disabilities  of  alienage  in  other 
States ;  it  inhibits  discriminating  legislation  against 
them  by  other  States  ;  it  gives  them  the  right  of  free 
ingress  into  other  States  and  egress  from  them  ;  it  in- 
sures to  them  in  other  States  the  same  freedom  pos- 
sessed by  the  citizens  of  those  States  in  the  acquisition 
and  enjoyment  of  property  and  in  the  pursuit  of  happi- 
ness ;  and  it  secures  to  them  in  other  States  the  equal 
protection  of  their  laws.  .  .  .  Special  privileges  en- 
joyed by  citizens  in  their  own  States  are  not  secured  in 
other  States  by  this  provision." 

Extradition  is  the  delivering  up  to  justice  of  fugitive 
criminals  by  the  authorities  of  one  State  or  country  to 
those  of  another.  The  necessity  for  such  a  regulation 
is  evident,  for  a  criminal  from  justice  might  easily 
escape  into  a  neighboring  State.  "The  responsibility 
of  determining  whether  the  person  demanded  is  a  fugi- 
tive from  the  justice  of  the  demanding  State  rests  with  the 
Executive  of  the  State  or  Territory  in  which  the  accused 
is  found.  The  case  of  the  demanding  State  should  be 
presented  in  some  official  form  ;  either  by  official  copy 
of  an  indictment,  or  by  a  complaint  under  oath.  The 
right  to  demand  surrender  and  the  obligation  to  comply 
with  the  demand  extend  to  all  crimes  and  offences  made 
punishable  by  the  laws  of  the  State  where  the  offence 
was  committed  ;  but  if  the  Governor  of  the  State  in 
which  the  accused  is  found  refuses  to  surrender  him  he 
cannot,  through  the  judiciary,  be  compelled  to  deliver 
him  up."  The  privilege  of  extradition  between  nations 
is  secured  by  treaty  relations. 

The  United  States  shall  guarantee  to  every  State  in  this 
Union  a  republican  form  of  government,  and  shall  protect 
each  of  them,  against  invasion  ;  and  on  application  of  the 


Belations  Between  the  States  317 

legislature,  or  of  the  executive  [when  the  legislature  cannot  section  4. 

,  ^.  •     ±    1  /•        •  7  Protection 

be  convened),  against  domestic  violence.  of  the  states 

It  was  natural  that  the  Constitution  should  guarantee  tionafgov" 
to  the  States  the  form  of  government  with  which  the  ®'^^'^®^*' 
framers  of  that  instrument  were  most  familiar  and  which 
would  be  most  in  keeping  with  the  Federal  union  they 
hoped  to  see  established. 

Any  protection  afforded  a  State  against  invasion 
signifies  the  protection  of  the  Nation.  Since  the  States  Protection 
are  forbidden  to  keep  troops  and  ships  of  war  in  time  vasion. 
of  peace,  they  must,  if  invaded,  be  dependent  upon  the 
general  government.  In  such  a  case  the  President  has 
been  authorized  by  law  to  use  the  army  and  navy  of  the 
United  States,  or  call  the  militia  into  service,  to  furnish 
the  needed  protection,  even  if  the  State  has  not  applied 
for  aid. 

Each  State  is  supposed  to  possess  the  power  of  en- 
forcing its  own  laws,  and  is  of  right  protected  in  the 
exercise  of  this  prerogative.  As  has  been  said  :  "  By  Protection 
the  requirement  of  a  demand  for  aid  every  pretext  domestic 
for  intermeddling  with  the  internal  concerns  of  any 
State,  under  color  of  protecting  her  against  unlawful 
violence,  is  taken  away."  *  In  case  of  an  insurrection, 
the  State  militia  is  sent  by  order  of  the  Governor  to 
suppress  it.  Should  they  fail  to  restore  order,  the 
legislature,  or  the  executive  (when  the  legislature  can- 
not be  convened),  applies  to  the  President  for  military 
aid.  If  the  uprising  has  interfered  in  any  way  with  the 
carrying  out  of  the  laws  of  the  Nation,  the  President 
may,  at  his  discretion,  send  troops  to  suppress  it  with- 
out having  been  asked  to  do  so  by  the  legislature  or  the 
Governor.  There  was  a  notable  illustration  of  this 
point  during  the  time  of  the  Chicago  riots,  in  July, 
1894. 

*  Cooley,  Principles  of  Constitutional  Law,  198. 


violence. 


318 


Relations  Behoeen  the  States 


President 
Cleveland 
vs.  the  Gov- 
ernor of 
Illinois. 


In  re  Debs, 
petitioner, 
158  Davis, 
599. 


In  addition  to  destroying  property  belonging  to  the  railways 
centring  in  Chicago,  the  striking  employees  prevented  the  free 
movement  of  the  trains  Mr.  Altgeld,  then  Governor  of  Illinois, 
did  not  provide  against  these  abuses,  and  President  Cleveland 
ordered  the  United  States  troops  under  General  Miles  to  suppress 
the  rioting.  The  President,  who  was  severely  criticised  by  Mr. 
Altgeld,  justified  his  sending  the  troops  on  the  following  grounds  : 

1.  That  the  processes  of  the  Federal  courts  could  not  be  executed ; 

2,  that  the  transportation  of  the  United  States  mails  was  obstructed ; 
and  8,  that  the  laws  on  interstate  commerce  were  not  enforced. 

The  United  States  Supreme  Court  took  the  same  position  as 
President  Cleveland  in  a  case  which  grew  out  of  these  riots.  Mr. 
Justice  Brewer  in  delivering  the  opinion  of  the  court  said :  "  We 
hold  that  the  government  of  the  United  States  is  one  having  juris- 
diction over  every  foot  of  soil  within  its  territory  and  acting  directly 
upon  each  citizen;  that  while  it  is  a  government  of  enumerated 
powers,  it  has  within  the  limits  of  those  powers  all  the  attributes  of 
sovereignty ;  that  to  it  is  committed  power  over  interstate  commerce 
and  the  transmission  of  the  mails,  and  that  these  powers  have  been 
assumed  and  put  into  practical  exercise  by  the  legislation  of  Con- 
gress 


CHAPTER    XXVin 

TERRITORIES    AND    PUBLIC    LANDS 

When   the  Constitution  was   adopted,  the   National 
government  possessed  a  vast  tract  of  land  lying  north 
of  the  Ohio  River  and  extending  to  the  Great  Lakes  and  The  North 
the  Mississippi  River.     This  region  had  been  owned  by  tory. 
several    of    the    original    States    (viz.,    Massachusetts, 
Connecticut,  New  York,  and  Virginia)  ;  but  their  claims 
were  conflicting  and  each  finally  agreed  to  cede  its  por- 
tion to  the  general  government.    This  occurred  during 
the  period  of  the  Confederacy.   Although  entirely  with- 
out legal  authority  to  do  so  under  the  Articles  of  Con- 
federation, Congress   established  a  Territorial  govern- 
ment for  the  "  Territory  of  the  United  States  lying  north 
and  west  of  the  Ohio  River,"  by  the  enactment  of  the 
Ordinance  of  1787.     The  first  Congress  under  the  Con- 
stitution re-enacted  this  Ordinance,  and  thus  entered  at 
once  upon  the  government  that  it  has  since  maintained 
over  the  Territories  of  the  United  States.    Congress  ex-  The  power 
ercises  this  power  by  virtue  of  the  authority  expressly  Territories 
delegated  to  it  in  the  following  clause. 

The  Congress  shall  have  power  to  dispose  of  and  make  all  Article  iv, 

;  ,  ,      r  .7  .  sections. 

needful  rules  and  regulations  respecting  the  territory  or  clause  2 
other  property  belonging  to  the  United  States ;  and  nothing 
in  this  Constitution  shall  be  so  construed  as  to  prejudice  any 
claims  of  the  United  States,  or  of  any  particular  State. 

The  Territorial  form  of  government  is  more  simple 
than  State  government  chiefly  because  of  the  sparseness 
of  settlement.     The  executive  is  a  governor  appointed 

819 


320 


Territories  and  Public  Lands 


Territorial 
form  of  gov- 
ernment. 


for  four  years  by  the  President  and  Senate.  The  ad- 
ministrative officers  —  secretary,  treasurer,  auditor, 
attorney-general,  and  superintendent  of  instruction — are 
likewise  appointed.  The  judiciary  consists  of  judges 
appointed  in  the  same  manner.  The  Territorial  legislat- 
ure has  two  houses,  the  Council  and  the  House  of  Rep- 
resentatives, the  members  of  which  are  elected,  from 
districts,  by  popular  vote.  The  legislature  resembles  a 
State  legislature  in  its  control  of  Territorial  affairs  ;  but 
its  laws  may  be  modified  or  entirely  annulled  by  Con- 
gress. In  this  way  Congress  maintains  its  complete 
authority  over  the  internal  policy  of  the  Territory.  The 
people  have  no  voice  in  National  affairs,  but  they  elect 
a  delegate  to  Congress,  who  may  debate  but  not  vote. 


Unorgan- 
ized Terri- 
tories. 


Alaska 


Indian  Ter- 
ritory. 


This  account  describes  the  government  of  an  organized  Terri- 
tory ;  these  are,  at  the  present  time,  Oklahoma,  New  Mexico,  Ari- 
zona, Hawaii,  and  Porto  Rico.  There  is  a  lower  form  of  govern- 
ment, through  which  many  Territories  have  passed  before  they  were 
fully  organized.  In  these  cases  there  is  no  legislature,  but  the 
governor,  assisted  by  the  judges  or  a  council,  has  legislative 
powers.  Such  Territories  are  called.  "  unorganized,"  and  are  now 
two  in  number,  Alaska,  and  Indian  Territory. 

The  executive  officers  of  Alaska  are  the  Governor,  Attorney- 
General,  and  Surveyor-General,  the  last  acting  as  Secretary  of  the 
Territory.  The  judiciary  consists  of  three  district  judges.  All 
these  officers  are  appointed  by  the  President  and  Senate.  There  is 
no  legislature.  Congress  enacted,  in  1900,  a  complete  code  of  civil 
laws  for  Alaska. 

Indian  Territory  is  the  home  of  the  "  Five  Civilized  Tribes  "  of 
Indians,  The  Cherokees,  Choctaws,  Creeks,  Chickasaws,  and 
Seminoles  formerly  lived  in  the  States  east  of  the  Mississippi  River 
and  were  removed  to  this  Territory  in  the  years  between  1830  and 
1840.  Oklahoma  was  included  in  the  Indian  Territory  until  1890, 
when  it  was  given  a  separate  Territorial  government.  There  has 
never  been  a  single,  uniform  government  for  Indian  Territory. 
Previous  to  the  year  1898,  it  was  the  theory  that  each  of  the  five 
tribes  was  an  independent  "  nation,"  owning  and  governing  its  own 
share  of  the  Territory  independently  of  the  United  States  govern- 


Territories  and  Fuhlic  Lands  321 

ment,  except  for  treaty  relations.  Each  had  an  organized  govern- 
ment, republican  in  form  under  a  written  constitution.  The  legis- 
latures, courts,  and  civil  processes  resembled  very  closely  those  of 
the  State  governments.  Citizenship  in  each  Indian  "  nation  "  was 
determined  by  its  own  laws.  Still,  the  theory  of  Indian  sovereignty 
within  the  limits  of  the  United  States  did  not  correspond  with  the 
facts ;  for  the  treaties  admitted  the  supremacy  of  the  United  States 
government  and  provided  for  the  interference  of  its  officers  in  the 
affairs  of  the  Indian  "  nations." 

In  accordance  with  these  treaties,  no  white  man  might  reside 
within  the  limits  of  the  Territory  without  the  consent  of  the 
Indians.  But  whites  acquired  citizenship  there  by  marriage,  and 
they,  together  with  citizens  of  mixed  blood,  became  the  owners  of 
much  land.  Still  other  whites  obtained,  either  by  fraud  or  by 
lease  from  the  Indians,  farm  lands  and  building  sites  for  numerous 
flourishing  towns  and  cities.  The  whites  had  no  legal  right  to  par- 
ticipate in  the  Indian  governments  ;  yet  they  acquired  a  dominat- 
ing influence  in  them,  chiefly  by  corrupt  methods.  The  white  pop- 
ulation increased  until  they  were  four  or  five  times  as  many  in 
numbers  as  the  Indians.  This  unfortunate  condition  of  affairs 
became  intolerable  and  Congress  finally  assumed  control,  altering 
entirely  the  basis  of  government  in  Indian  Territory.  Since  1898, 
Congress  has  prescribed  the  general  code  of  laws  for  the  Territory 
and  has  established  within  its  limits  several  United  States  courts. 
The  Indian  governments  will  continue  for  a  few  years  only,  their 
legislation  being  subject  to  approval  by  the  President. 

In  our  most  recently  acquired  possessions,  Porto  Rico  and  the 
Philippines,  the  processes  by  which  our  government  has  been  es- 
tablished are  interesting.  The  war  with  Spain  which  began  April 
21  and  ended  August  12,  1898,  was  followed  by  a  treaty  which  The  Span- 
transferred  the  ownership  of  these  islands  absolutely  to  the  United  is^  acquisi- 
States.  The  treaty  was  signed  by  the  commissioners  at  Paris,  De- 
cember 10,  1898,  ratified  by  the  United  States  Senate,  on  February 
6,  and  finally  declared  to  be  in  effect  April  11,  1899.  After  the 
defeat  of  the  Spanish  forces,  and  during  the  progress  of  these  ne- 
gotiations, the  authority  of  government  in  these  islands  was  vested 
in  the  President  of  the  United  States,  by  virtue  of  his  position  as 
Commander-in-chief  of  the  Nation's  military  and  naval  forces.  A 
military  form  of  government  was  thus  established  until  Congress 
should  by  law  erect  a  civil  government. 

The  President  appointed  General  Otis  military  governor  of  the 


322 


Territories  and  Puhlio  Lands 


The  Philip- 
pinee. 


Temporary 
Govern- 
ment Law, 
1902. 


The  Suln 
Islands. 


Porto  Rico. 


Philippines  and  named  a  special  commission  of  five  members  to 
investigate  the  condition  of  affairs  in  those  islands.  In  the  early 
months  of  1900  a  new  Philippine  commission  of  five  members  was 
appointed,  headed  by  Judge  William  H.  Taft.  They  proceeded  to 
the  Philippines  for  the  purpose  of  establishing  the  civil  government 
of  the  islands  when  that  should  be  authorized.  In  April,  General 
McArthur  became  military  governor.  Later,  an  amnesty  procla- 
mation was  issued  in  favor  of  all  those,  hitherto  in  insurrection 
against  the  United  States,  who  would  abandon  such  action.  Under 
authority  of  the  commission,  municipal  governments  were  erected 
in  many  cities  of  the  Philippines,  and  provincial  governments  in 
several  provinces.  The  Philippine  Civil  Government  Law  of  1902 
substitute  civil  for  military  government  over  all  the  islands  and 
parts  thereof  which  are  not  inhabited  by  Moros  and  other  non- 
Christian  tribes.  Whenever  the  President  shall  issue  a  proclamation 
declaring  that  complete  and  general  peace  exists  in  the  Philippines, 
a  census  shall  be  taken.  Two  yaars  after  the  census  a  general 
Legislature  will  be  constituted,  with  the  Philippine  Commission  as 
its  upper  house ;  the  Assembly  to  be  composed  of  delegates  elected 
by  popular  vote. 

The  Sulu  Islands  were  never  under  actual  Spanish  rule,  so  a  sepa- 
rate treaty  was  made  between  their  Sultan  and  the  United  States, 
in  August,  1899.  The  sovereignty  of  the  latter  government  was  ac- 
knowledged and  its  protection  against  outside  powers  was  extended 
over  the  islands.  The  former  native  government  was  retained,  its 
oflScers  receiving  salaries  from  our  government.  The  United 
States  may  occupy  and  control  such  points  in  the  islands  as  its 
interests  seem  to  demand.  The  native  institutions  of  slavery  and 
polygamy  were  not  interfered  with,  though  any  slave  may  purchase 
his  freedom. 

For  the  island  of  Guam  a  regular  government  was  established, 
under  direct  control  of  the  naval  authorities  of  the  United  States. 

In  Porto  Rico,  General  Henry  was  appointed  governor-general  ; 
he  was  soon  succeeded  by  General  Davis.  A  commission  was 
appointed  to  examine  affairs  in  the  island  and  report  recommenda- 
tions for  its  government.  Congress  passed  (April,  1900)  a  bill 
establishing  for  the  Territory  of  Porto  Rico  a  civil  government  very 
similar  to  that  already  described  as  common  in  the  organized  Terri- 
tories, There  is  a  governor  appointed  by  the  President  of  the 
United  States  ;  also  a  secretary,  attorney-general,  treasurer,  audi- 
tor, commissioner  of  the  interior,  and  commissioner  of  education. 


Territories  and  Public  Lands  323 

The  legislature  is  composed  of  two  houses ;  the  upper  house,  or 
Council,  includes  the  officers  just  mentioned  (except  the  governor) 
and  five  other  persons  appointed  by  the  President.  Five  of  the 
eleven  members  of  this  Council  must  be  natives  of  Porto  Rico,  and 
all  hold  office  for  four  years.  The  House  of  Delegates  consists  of 
thirty-five  members  elected  triennially  by  the  voters.  A  supreme 
court  and  a  district  court  of  the  United  States  for  Porto  Rico  con- 
stitute the  judiciary.  There  is  elected  by  the  people  a  Resident 
Commissioner  to  the  United  States,  who,  unlike  the  delegates  from 
other  Territories,  has  no  seat  in  Congress,  but  rather  has  official 
relations  with  the  President.  The  inhabitants  of  Porto  Rico  who 
were  previously  subjects  of  Spain  are  declared  to  be  citizens  of 
Porto  Rico  and  are  entitled  to  the  protection  of  the  United  States ; 
but  those  who  choose  to  do  so  may  retain  their  allegiance  to  Spain. 

For  a  number  of  years  the  Samoan  Islands  were  under  a  govern- 
ment maintained  jointly  by  Germany,  Great  Britain,  and  the  United 
States.  This  arrangement  was  terminated  by  a  treaty  proclaimed 
in  1900.  The  United  States  obtained  absolute  possession  of  three  Our  Sa- 
islands,  the  only  one  of  importance  being  Tutuila.  A  military  ^ggi^^^,^" 
government  was  here  established.  These  islands,  the  Philippines, 
and  others  in  the  western  Pacific  that  belong  to  the  United  States, 
are  officially  designated  as  the  "  insular  possessions "  of  the 
United  States. 

The  Hawaiian  islands  were  annexed  to  the  United  States  as  the 
result  of  a  treaty  negotiated  in  1897.  This  treaty  was  not  ratified  TheTerri- 
by  the  Senate,  but  instead  a  joint  resolution  was  passed  by  Con-  ™I^°^^^' 
gress,  in  July,  1898,  accepting,  on  the  part  of  the  United  States, 
the  cession  of  those  islands  made  by  their  government.  A  board 
of  commissioners  was  then  appointed  to  recommend  legislation  for 
the  new  acquisition.  No  action  was  taken  by  Congress  until  April, 
1900 ;  in  the  meantime  the  independent  republican  government  of 
Hawaii  continued  to  act.  The  government  created  by  Congress  is 
similar  to  that  of  the  other  organized  Territories  of  the  United 
States.  A  delegate  is  sent  to  Congress.  Voters  in  Hawaii  must  be 
able  to  read  and  write  either  the  English  or  the  Hawaiian  language. 

The  relations  of  the  United  States  with  Cuba  were  quite  different   Cuban 
from  those  sustained  with  the  islands  mentioned  above.     At  the    r^^^^^o'^^ 
opening  of  the  Spanish  War  Congress  disclaimed  any  intention  of 
annexing  Cuba,,  or  of  exercising  any  control  over  the  island  "  except 
for  the  pacification  thereof."     Congress  also  asserted  its  determina- 
tion, ''  when  that  is  accomplished,  to  leave  the  government  and  con- 


324 


Territories  and  Public  Lands 


The  Consti- 
tutional 
Asseiubly. 


trol  of  the  island  to  its  people."  When  the  war  was  over,  a  military 
government  was  declared  in  Cuba,  under  the  authority  of  the  United 
States,  with  General  Brooke  as  Governor-General.  He  was  later 
succeeded  by  General  Wood.  A  census  was  taken,  showing  a  pop- 
ulation of  1,500,000.  Municipal  governments,  with  elected  officials, 
were  established  in  various  parts  of  the  island.  In  August,  1900, 
the  Secretary  of  War  issued  a  proclamation  ordering  a  popular  elec- 
tion, to  take  place  on  September  15th,  following,  at  which  delegates 
were  to  be  elected  to  a  Constitutional  Assembly.  This  met  on  No- 
vember 3,  1900,  and  proceeded  to  form  a  republican  government 
for  Cuba.  The  independence  of  Cuba  was  formally  declared  on 
May  20,  1902 

In  the  settlement  of  the  permanent  relations  that  are  to  exist  be- 
tween Cuba  and  the  United  States,  the  government  of  the  lat- 
ter insisted  that  an  agreement  upon  certain  matters  should  be 
embodied  in  the  Cuban  Constitution;  these  provisions  are  that 
Cuba  shall  not  impair  her  independence  by  treaty  or  other 
relations  with  foreign  governments;  that  she  shall  not  contract 
debts  that  are  beyond  her  ability  to  pay;  that  the  United 
States  shall  be  allowed  to  intervene  if  Cuban  independence 
is  threatened  or  domestic  insurrection  occurs ;  that  Cuba  will 
carry  on  the  plans  already  made  for  the  sanitation  of  her  cities; 
that  the  status  of  the  Isle  of  Pines  shall  be  left  to  future  ad- 
justment by  treaty  ;  and  that  Cuba  will  sell  or  lease  to  the  United 
States  lands  necessary  for  coaling  and  naval  stations. 


The  power 
to  acquire 
territory. 


By  what  authority  has  the  United  States  acquired  the 
territory  that  was  not  in  its  possession  in  1789  ?  This 
question,  arising  for  the  first  time  in  connection  with 
the  Louisiana  purchase,  was  of  vital  importance.  It  has 
been  argued  that  section  3  of  Article  IV  applies  only  to 
the  territory  belonging  to  the  United  States  at  the  time 
of  the  adoption  of  the  Constitution  ;  and  that,  conse- 
quently, acquisitions  were  made  not  by  virtue  of  any 
power  delegated  to  the  United  States  in  the  Constitu- 
tion, but  rather  by  virtue  of  the  fact  that  the  Dnited 
States  is  a  Nation,  and  so  entitled  to  exercise  this  sover- 
eign power  as  any  other  nation  might.  But  it  is  not 
necessary  to  make  this  contention.     There  is  the  highest 


Territories  and  Public  Lands  325 

authority,  the  Supreme  Court  speaking  through  its 
greatest  Chief  Justice,  for  holding  a  different  view. 
This  is  found  in  a  decision  of  Chief  Justice  Marshall, 
who  said,  "  The  Constitution  confers  absolutely  on  the 
government  of  the  Union  the  powers  of  making  Avar 
and  of  making  treaties  ;  consequently,  that  government 
possesses  the  power  of  acquiring  territory,  either  by 
conquest  or  by  treaty." 

The  circumstances  attending  the  acquisition  of  Porto 
Rico  and  the  Philippines,  and  the  peculiar  character 
of  their  inhabitants,  gave  rise  to  grave  Constitutional 
problems  concerning  their  government  by  the  United  The  govem- 
States.  Similar  questions  had  previously  arisen  in  Territories, 
relation  to  the  government  of  the  Territories.  Con- 
gress had  established  precedents,  and  the  Supreme 
Court  had  rendered  many  decisions  upon  this  subject ; 
but  the  laws  and  decisions  were  at  certain  points  incom- 
plete and  contradictory.  When  Congress  began  to  leg- 
islate for  the  islands  acquired  from  Spain,  the  National 
government  faced  the  entire  problem  of  its  relation  to 
Territorial  governments. 

Under  existing  tariff  laws  (the  Dingley  tariff),  duties 
were  collected,  at  ports  in  the  United  States,  on  tobacco 
imported  from  Porto  Rico,  and  on  diamonds  brought 
from  the  Philippines.     The  importers  questioned   the 
power  of  the  government  to  do  this,  and  sued   for  the 
recovery  of  the  taxes,  carrying  the  cases  to  the  Supreme  cases  before 
Court.     Other  cases  arose,  involving  the  power  of  Con-  cjfur?^'^^"^^ 
gress  to  pass  the  act  of  1900  (the  Foraker  act),  levying 
duties  on  goods   imported  into  Porto  Rico  from  the 
United  States.    The  clauses  of  the  Constitution  particu- 
larly involved  in  these  cases  were  two :  first,  the  clause   Questions 
of  section  3,  Article  IV,  quoted  at  the  beginning  of  this 
chapter  ;  second,  the  clause  of  section  8,  Article  I,  con- 
ferring upon  Congress  the  authority  to  "lay  and  collect 


326 


Ter7'itories  and  Public  Lands 


taxes,  duties,  imposts  and  excises,"  but  providing  that 
"all  duties,  imposts  and  excises  shall  be  uniform 
throughout  the  United  States."  The  court  was  bound 
to  decide  the  meaning  of  the  term  "  the  United  States  " 
in  these  clauses,  and  to  define  the  powers  of  Congress 
over  the  Territories.  It  was  necessary,  also,  to  review 
and  settle  the  entire  question  of  the  status  of  their  in- 
habitants with  respect  to  the  powers  and  rights  granted 
in  the  Constitution. 


Argument 

against  the 
govern- 
ment. 


Argument 
for  the  gov- 
ernment. 


The  attorneys  who  held  the  action  of  the  government  to  be  un- 
constitutional based  their  argument  before  the  Supreme  Court  upon 
the  principle  that  the  United  States  government  possesses  only  such 
powers  as  are  delegated  to  it  in  the  Constitution.  The  Constitu- 
tional limitations  upon  National  authority  must  be  regarded  as  bind- 
ing, wherever  this  authority  extends.  The  term  "  United  States  " 
includes  not  only  the  States,  but  the  Territories,  and  all  places  sub- 
ject to  the  jurisdiction  of  the  United  States  as  well.  When  territory 
is  annexed,  therefore,  the  Constitutional  grants  and  limitations  ap- 
ply there,  at  once,  as  they  do  in  the  States.  Duties  collected  in  the 
Territories  must  be  uniform  with  those  collected  in  the  States  (Arti- 
cle I,  section  8,  clause  1).  No  duty  may  be  levied  upon  goods 
shipped  from  a  State  to  a  Territory,  because  this  would  be  a  tax  on 
exports,  and  so  forbidden  (Article  I,  section  9,  clause  5).  In  gov- 
erning the  inhabitants  of  our  Territories  and  insular  possessions,  the 
authority  of  Congress  is  limited  by  the  Constitutional  guarantees, 
such  as  that  securing  the  right  of  trial  by  jury  (Amendment  VII). 

In  their  argument  for  the  government,  the  Attorney-General  and 
his  assistants  interpreted  the  words  "  United  States  "  to  mean  merely 
the  States.  They  quoted  in  support  of  this  view  section  3  of  Arti- 
cle IV,  which  gives  Congress  power  to  govern  ''the  territory  or 
other  property  belonging  to  the  United  States  " ;  also.  Amendment 
XIII,  which  speaks  of  "the  United  States  or  anyplace  subject  to 
their  jurisdiction."  The  duties,  imposts  and  excises  levied  by  Con- 
gress are  to  be  uniform  "  throughout  the  United  States  "  only  (Art. 
I,  sec.  8,  cl.  1) ;  hence  Congress  may  fix  such  rates  as  it  pleases  in  the 
Territories  and  possessions.  On  this  side  of  the  case,  it  was  admitted 
that  the  United  States  government  has  only  delegated  powers.  But 
it  was  contended  that  the  power  to  govern  Territories  is  vested  by 
the  Constitution  (Art.  IV,  sec.  3,  cl.  2)  absolutely  in  Congress. 


Territories  and  Public  Lands  327 

The  Constitutional  limitations  referred  to  restrict  the  power  of  Con- 
gress in  the  States  ;  but  its  powers  over  the  inhabitants  of  the  Ter- 
ritories, though  based  on  the  Constitution,  are  not  subject  to  these 
limitations. 

On  the  whole,  the  decision  of  the  Supreme  Court  (June,  1901) 
upheld  the  contentions  of  the  government's  attorneys.     The  gov- 
ernment was  declared  to  be  in  error,  however,  in  collecting  duties    The 
according  to   the  rates   fixed   in  the  tariff  law  of  1897    (Dingley    court's 
tariff)  upon  articles  imported  from  Porto  Rico  after  the  completion    decision, 
of  the  treaty  with  Spain  (1899).     After  that  treaty,  Porto  Rico  was 
no  longer  a  foreign  country,  so  the  tariff  act  mentioned  did  not 
apply  to  her  products. 

The  Foraker  act  of  1900  was  declared  Constitutional.  Porto 
Rico,  although  "belonging  to"  the  United  States  is  not  a  "part 
of  "  it.  The  Constitutional  provision  that  duties  shall  be  uniform 
throughout  the  United  States  does  not  apply  to  our  Territorial  posses- 
sions. The  court  laid  down  the  principle  that  "  the  Constitution  is 
applicable  to  Territories  acquired  by  purchase  or  conquest  only 
when  and  so  far  as  Congress  shall  so  direct,"  The  inhabitants  of 
these  Territories  are  not  citizens  of  the  United  States  until  made 
such  by  Congress. 

We  have  so  far  considered  the  Territories  as  in  a  state 
of  greater  or  less  dependence  upon  the  National  govern- 
ment. Under  what  conditions  and  in  what  way  may  these 
relations  be  changed  ?  The  admission  of  Territories  into  The  admis- 
the  Union  as  States  was  contemplated  before  the  adop-  rftories  to 
tion  of  the  Constitution,  for  the  Ordinance  of  1787 
provided  that  the  Northwest  Territory  should  be  divided 
into  States,  and  these  were  guaranteed  admission  into 
the  Union.  Doubtless,  the  framers  of  the  Constitution 
regarded  statehood  as  the  ultimate  destiny  of  all  terri- 
tory then  belonging  to  the  United  States.  This  idea  be- 
came the  policy  of  the  government  in  its  treatment  of 
the  Louisiana  purchase  and  the  Mexican  cession ;  Indian 
Territory  alone  has  not  been  regarded  as  eligible  for 
statehood  in  the  near  future.  In  the  case  of  Alaska,  and 
especially  since  the  addition  of  our  insular  possessions, 


328 


Territories  and  Public  Landf. 


Article  IV, 
section  3, 
clause  1. 


The  power 
of  Con- 
gress. 


Methods  of 

admitting 

States. 


serious  questions  liave  arisen  regarding  the  policy  that 
is  to  be  pursued.  That  the  power  to  admit  States 
belongs  exclusively  to  Congress  is  evident  from  the 
language  of  the  Constitution. 

New  States  may  he  admitted  by  the  Congress  into  this 
Union  ;  hut  no  neiv  State  shall  he  formed  or  erected  within 
the  jurisdiction  of  any  other  State  ;  nor  shall  any  State  he 
formed  by  the  junction  of  two  or  more  States,  or  parts  of 
States,  without  the  consent  of  the  legislatures  of  the  States 
concerned,  as  well  as  of  the  Congress. 

A  Territory  cannot  claim  admission  as  a  Constitutional 
right  if  Congress  finds  obstacles  that  seem  to  it  insuper- 
able. Nor  is  there  any  rule  as  to  the  population  that  a 
Territory  should  have  before  admission.  Congress  has 
often  been  guided  in  the  exercise  of  this  power  by  polit- 
ical considerations  alone. 

After  a  territory  has  applied  for  admission  into  the 
Union,  two  different  methods  have  been  pursued  to 
complete  the  process.  (1)  Congress  has  passed  an 
'*  enabling  act " ;  the  Territory  then  framed  a  con- 
stitution, which  was  submitted  to  Congress  for  ap- 
proval. (2)  The  Territory  has  frequently  taken  the 
initiative  by  electing  a  convention  which  framed  a  con- 
stitution ;  with  this  in  hand,  the  Territory  then  applied 
to  Congress  for  admission.  In  either  case,  before  giv- 
ing its  approval  to  the  admission  of  a  State,  Congress 
must  see  that  the  constitution  submitted  contains  noth- 
ing that  is  inconsistent  with  a  republican  form  of  gov- 
ernment (see  pp.  316-317).  In  addition,  Congress  has 
sometimes  required  the  Territory  to  conform  to  certain 
conditions  respecting  boundaries,  lands,  and  other 
matters. 

The  "  territory  and  other  property  belonging  to  the 
United  States  '^  (see  p.  319)  includes  more  than  the 
governmental  divisions  called  "  Territories''  and  '^pos- 
sessions."    The  United  States  owns  vast  tracts  of  land 


Territories  and  Public  Lands  329 

that  are  situated  not  only  in  these  Territories  but  also 
in  many  of  the  States.  This  land  is  regarded  as  prop- 
erty or  public  domain,  and  its  disposition  falls  within 
the  power  of  Congress  under  the  clause  a  part  of  which 
has  just  been  quoted. 

In  the  years  following  the  adoption  of  the  Constitu- 
tion, North  Carolina,  South  Carolina,  and  Georgia  fol-  western 
lowed  the  example  of  the  Northern  States  and  ceded  to 
the  general  government  their  claims  upon  territory 
extending  westward  to  the  Mississippi  River.  This 
was  the  region  where  the  States  of  Tennessee,  Alabama, 
and  Mississippi  have  since  been  formed.  As  the  United 
States  came  into  possession  of  the  western  territory,  all 
unoccupied  lands  *  (except  certain  portions  resei-ved  by 
the  original  States  for  their  own  use)  became  the  prop- 
erty of  the  National  government.  The  same  is  true  of 
all  unoccupied  lands  in  the  Louisiana  purchase  and  in 
all  subsequent  acquisitions  of  territory.  So  that  the 
United  States  has  become  the  possessor  of  many  mill- 
ions of  acres.  Its  policy  in  dealing  with  this  vast  prop- 
erty has  been  of  the  greatest  consequence  in  our  his- 
tory. 

In  the  thirteen  original  States  there  was  no  uniform 
system  of  land  survey,  but  each  tract  of  land  was  sur-  Govenu 
veyed  as  necessity  required,  generally  after  settlement  vey. 
had  been  made  upon  it.  The  tracts  were  of  very  ir- 
regular shapes.  The  boundary  lines,  usually  starting 
from  some  natural  object,  were  measured  by  rods  or 
chains,  running  in  certain  directions  as  ascertained  by 
the  use  of  the  compass.  This  method  of  survey  is  still 
in  use  in  the  eastern  States.    According  to  a  law  of  1785, 

*  By  this  is  meant  lands  not  then  in  the  possession  of  Europeans. 
The  Indian  claim  to  the  lands  was  partially  recognized  by  the  govern- 
ment ;  it  acquired  full  title  from  the  different  tribes  by  purchase  or  by 
conquest. 


330 


Territories  and  Public  Lands 


a  uniform  system  of  "  rectangular  "  survey  was  applied 
to  all  lands  belonging  to  the  United  States.  This  sur- 
rey has  preceded  settlers  and  has  to  some  extent  in- 
fluenced the  method  of  settlement  and  the  nature  of 
local  government  throughout  the  West.  The  lands  sur- 
veyed have  been  divided  into  townships  six  miles  square. 
For  the  boundaries  of  townships  the  law  requires  the 


use  of  north-and-south  and  east-and-west  lines.  To 
secure  starting  points  from  which  to  run  these  lines,  it 
was  necessary  to  designate  certain  meridians  as  Prin- 
cipal Meridians  and  certain  parallels  as  Base  Lines. 

The  map  indicates  the  location  of  Principal  Meridians 
and  Base  Lines  in  the  States  north  of  the  Ohio  River. 
Starting,  then,  from  any  Principal  Meridian,  the  tier  of 
townships   directly  east  is  called  Range  I ;   the  other 


Territories  and  Public  Lands 


331 


ranges  are  numbered  east  and  west  of  that  Meridian. 
Counting  also  from  the  Base  Line,  the  townships  are 
numbered  1,  2,  3,  etc.,  both  north  and  south.  It  thus 
becomes  possible  to  locate  precisely  any  particular 
tawnship  by  a  simple  description :  e.g.,  township  5 
north,  Range  VII  east  of  the  first  Principal  Meridian. 

The  convergence  of  meridians  causes  the  townships  to 
become  less  than  six  miles  wide  from  east  to  west  as  the 
survey  proceeds  northward  from  any  Base  Line.  This 
necessitates  the  running  of  standard  parallel  lines,  or 
correction  lines,  at  frequent  intervals  to  be  used  as  new 
Base  Lines. 


] 

FiGUI 

IE    1. 

7 

S 

6 

.2 

, 

Ca 

wecti 

5 
m 

1^ 

Line 

4 

3 

f 

2 

\jj   ni 

n 

V' 

a 

III 

IV 

Bos 

c 

u 

m 

To  still  further  facilitate  the  sale  and  description  of 
lands  the  law  provides  for  exact  methods  of  subdividing 
the  township  into  sections,  one  mile  square,  numbered 
as  in  Figure  2. 

Each  section  is  subdivided  into  rectangular  tracts 
known  as  halves,  quarters,  half- quarters  and  quarter- 
quarters.     The  designations  of  these  divisions  are  by 


332 


Territories  and  Public  Lands 


Land  grants 
made  to 
States. 


abbreviations  and  fractions  (see  Figure  3).     The  num- 
ber of  acres  in  each  tract  is  easily  computed. 

The  rectangular  system  of  survey  has  been  a  great  aid 
in  the  subdivision  and  location  of  farm  lands  ;  it  greatly 
reduces  the  number  of  boundary  disputes  ;  it  deter- 
mines very  largely  the  location  of  country  roads.  More- 
over, the  Congressional  township  has  become,  in  a  great 
many  instances,  the  area  within  which  the  political 
township  or  town  has  been  organized.    This  town,  how- 

FiGURE  2, — Six  Miles  Square. 


Figure  3. — One 
Mile  Square. 


6 

5 

4 

3 

2 

1 

7 

8 

9 

10 

11 

12 

18 

17 

16 

15 

14 

13 

19 

20 

21 

22 

23 

24 

30 

29 

28 

27 

26 

25 

31 

32 

33 

34 

35 

36 

NWi 

NINE  J 

SEi 

NEi 

Si 

ever,  need  not  coincide  with  the  Congressional  township  ; 
it  may  be  greater  or  smaller  in  area. 

Upon  the  admission  of  Territories  into  the  Union,  the 
ownership  of  the  public  lands  does  not  pass  to  the  new 
States,  but  remains  with  the  National  government. 
This  government  protects  its  interests  by  requiring  the 
States  to  guarantee  in  their  constitutions  that  they  will 
never  interfere  with  the  primary  disposal  of  the  soil  by 
the  United  States  ;  and  also  that  they  will  not  tax  Na- 
tional lands  located  within  their  limits.     On  the  other 


Territories  and  Public  Lands  333 

hand,  the  National  government  has  pursued  a  most  lib- 
eral policy  in  making  grants  of  land,  in  large  tracts,  to 
the  States  for  various  purposes.  This  is  the  way  in 
which  the  school  lands  of  the  States  were  acquired 
(see  pages  94-96).  Swamp  and  saline  lands,  besides 
other  tracts,  have  been  freely  given  to  States  to  aid  in 
the  construction  of  roads,  canals,  and  other  public  im- 
provements. 

But  the  largest  part  of  the  Nation's  domain  has  been 
retained  and  sold  or  given  away  by  the  government  to   The  sale  of 
land  companies,  railroad  companies,  and  settlers.     At  Sndsf 
present,  land  may  be  obtained  through  the  General  Land 
Office  (Department  of  the  Interior)  either  by  direct  pur- 
cliase  or  under  the  homestead  laws. 

Before  1820,  the  minimum  price  of  land  was  $2.00  per  acre;  the 
price  was  then  reduced  to  $1.25.  Some  lands  may  still  be  pur- 
chased at  that  rate,  while  others  are  held  at  $2.50  per  acre.  The 
public  domain  of  the  United  States  open  to  settlement  comprises 
(1900)  533,490,440  acres.  This  does  not  include  lands  located  in 
Alaska,  and  in  our  new  insular  possessions.  The  greatest  part  of 
these  lands  are  situated  in  the  Rocky  Mountain  and  Pacific  Coast 
States  and  Territories ;  a  large  share  are  arid  and  can  never  be 
brought  under  cultivation. 

Under  the  homestead  law,  "any  citizen  of  the  United  States,  or 
any  person  who  has  declared  his  intention  of  becoming  such,  who  The  home- 
is  the  head  of  a  family,  or  has  attained  his  majority,  or  has  served 
in  the  army  or  navy  in  time  of  war,  and  is  not  already  the  proprietor 
of  more  than  160  acres  of  land  in  any  State  or  Territory,  is  entitled 
to  enter  a  quarter  section  (160  acres),  or  any  less  amount  of  unap- 
propriated public  land,  and  may  acquire  title  thereto  by  establishing 
and  maintaining  residence  thereon,  and  improving  and  cultivating 
the  land  for  a  period  of  five  years."  For  the  year  1900  the  home- 
stead entries  amounted  to  6,478,409  acres.  The  sales  of  public 
lands  amounted  to  $4,379,858  received  for  13,453,887  acres. 

Many  of  the  western  railroads  (notably  the  Northern  Pacific, 
Union  and  Central  Pacific,  Atlantic  and  Pacific,  and  Southern  Pa- 
cific) have  been  given  immense  tracts  of  land,  amounting  in  the 
total  to  more  than  150,000,000  acres.     Somewhat  more  than  one- 


stead  law. 


334 


Territories  and  Public  Lands 


Railroad 
land  grants. 


Arid  lands. 


Various 
reserva- 
tions. 


half  of  these  lands  have  been  patented,  t.  e.,  final  conveyance  of 
title  has  been  made  to  the  railroad  companies  or  to  others  who  have 
purchased  the  land  from  them.  These  grants  consist  of  alternate 
sections  lying  within  wide  strips  that  cross  the  western  part  of 
the  country,  along  the  lines  of  the  several  railroads. 

A  large  part  (332,000,000  acres  in  1900)  of  the  public  domain 
is  arid.  How  much  of  this  may  be  reclaimed  by  irrigation  is 
uncertain.  "In  1902  Congress  enacted  a  law  providing  that  the 
proceeds  from  the  sales  of  public  lands  in  certain  States  and 
Territories  should  be  expended  by  the  National  Government 
in  the  construction  of  irrigation  works.  The  establishment  of 
this  policy  marks  an  era  in  the  development  of  our  Western 
States." 

Many  large  tracts  of  land  have  been  retained  by  the  general  gov- 
ernment as  reservations ;  these  are  not  open  to  settlement.  The 
forest  reserves  are  intended  as  a  protection  for  the  sources  of  great 
rivers.  Several  National  parks  (including  the  Yellowstone  and  the 
Yosemite)  preserve,  for  the  common  good  of  all,  regions  of  great 
scenic  beauty  and  scientific  interest.  Reservoir  sites  have  been  re- 
served in  several  localities,  with  a  view  to  the  establishment  of 
future  irrigation  systems.  Great  tracts  of  land,  located  in  many 
States,  are  preserved  as  Indian  reservations.*  Military  reservations 
comprise  the  tracts  lying  adjacent  to  western  military  posts. 


Supplementary  Questions  and  References. 

1.  What  were  the  circumstances  under  which  the  north- 
western States  ceded  their  lands  ?  Hart,  Formation  of  the 
Union,  107-109  ;  Fiske,  Critical  Period,  187-199 ;  Hins- 
dale, Old  Northwest,  chapters  11-14.  See  references  below 
to  McMaster,  Schouler,  etc.,  in  topic  12. 

2.  What  were  the  admirable  features  of  the  Ordinance  of 
1787  ?  Walker,  39-40 ;  Fiske,  Critical  Period,  203-207 ; 
Hinsdale,  Old  Northwest,  chapters  15-16.  The  Ordinance 
itself  is  found  in  Old  South  Leaflets,  No.  13. 

3.  What  reasons  seemed  to  make  necessary  the  removal 
of  the  Indians  beyond  the  Mississippi  River  ?  Schouler,  III, 
371-378,  477-480  ;  IV,  233-235,  319-320 ;  Wilson,  35-38 ; 
McMaster,  IV,  175-183,  537-540. 

*  See  the  wall  map  of  the  United  States,  published  by  the  General 
Land  Office,  Department  of  the  Interior. 


Territories  and  Public  Lands  335 

4.  What  is  your  opinion  of  our  government's  policy 
toward  the  Indians  ? 

5.  What  is  the  character  of  the  slavery  that  exists  in  the 
Sulu  Islands  ?     Outlook,  66  :  578-587. 

6.  What  part  of  the  total  area  of  the  United  States  is 
now  open  to  settlement  ? 

7.  What  should  be  the  policy  of  the  government  toward 
public  lands?  The  Remnant  of  Our  National  Estate, 
Forum,  37  :  347-354. 

8.  By  which  method  is  the  land  of  your  State  surveyed  ? 
Obtain  the  surveyor's  description  of  a  piece  of  land  in  your 
locality.  What  States  do  not  have  the  United  States  survey  ? 
Why  not  ?  Are  there  reservations  in  your  State  ?  The  map 
published  by  the  General  Land  Office  shows  in  detail,  Prin- 
cipal Meridians,  Base  Lines,  land  offices  and  reservations. 

9.  The  government  of  Territories  and  possessions. 
Cooley,  Principles  of  Constitutional  Law,  35-36,  50-51, 
170-174  ;  Bryce,  I,  chapter  47  ;  Atlantic  Mo. ,  82  :  735-742  ; 
Arena,  21  :  84-90  ;  Forum,  29  :  257-262  ;  Judson,  Rev.  of 
R's,  19  :  67-75  ;  21  :  451-456 ;  McMaster,  Annexation  and 
Universal  Suffrage,  Forum,  26  :  393-402 ;  N.  Am.  Rev., 
168  :  112-120  ;  Outlook,  63  :  907-909  ;  966-968  ;  64  :  244-245  ; 
Hart,  Brother  Jonathan's  Colonies,  Harper's  Mag.,  98  : 
319-328  ;  Harrison,  Status  of  Annexed  Territory  and  its 
Inhabitants,  N.  Am.  Rev.,  172  : 1-22  ;  The  Government  of 
Porto  Rico,  Forum,  28  :  257-267  ;  403-411  ;  30  :  717-721 ; 
The  Supreme  Court  decision.  Outlook,  68  :  337-339. 

10.  Our  Indian  problem.  Forum,  18  :  622-629  ;  28  :  737- 
740  ;  N.  Am.  Rev.,  159  :  434-447  ;  160  :  195-202  ;  167  :  719- 
728  ;  Outlook,  59  :  695-696  ;  Grinnell,  The  Indians  of  To- 
day ;  (Contains  detailed  account  of  Indians  on  Reserva- 
tions.) Reports  of  Commissioner  of  Indian  Affairs  (De- 
partment of  Interior) ;  Abridgment  of  Messages  and  Doc- 
uments ;  The  Indian  Territory — its  Status,  Development 
and  Future,  Rev.  of  R's,  23  :  451-458. 

11.  The  Admission  of  States.  Cooley,  Principles  of 
Constitutional  Law,  175-183  ;  Bryce,  I,  555-556  (582-583). 

12.  Land  Policy  of  the  United  States,  McMaster,  His- 
tory   of    the    United    States,    II,    476-478 ;    III,    89-121  ; 


336  Territories  and  Public  Lands 

Schouler,  History  of  the  United  States,  I,  97-101,  198-109  ; 
II,  74-75  ;  III,  191-193  ;  IV,  66-68,  152-156  ;  Hart,  Prac- 
tical Essays  on  American  Government,  chapter  10  ;  Don- 
aldson, Public  Domain.  (A  government  publication  con- 
taining the  documentary  history  of  our  public  lands.  House 
Miscellaneous  Documents,  1882-83,  vol.  19.)  West,  The 
Public  Domain  of  the  United  States.  (Reprint  from  Year- 
book of  Department  of  Agriculture  for  1898.)  Reports  of 
Commissioner  of  General  Land  OflBce  (Department  of  In- 
terior) ;  Abridgment  of  Messages  and  Documents. 

13.  Upon  the  irrigation  of  arid  lands,  consult  Rev.  of 
R's,  8  :  394-406  ;  10  :  396-400  ;  17  :  612-613  ;  Arena,  17  : 
389-398;  Pop.  Sci.  Mo.,  50:424;  Outlook,  66:337-344; 
Century  Mag.,  50  :  85-99  ;  51  :  742-758. 


CHAPTER  XXIX 

AMENDMENTS  TO  THE   CONSTITUTION 

As  already  noted,  it  was  practically  impossible  to 
amend  the  Articles  of  Confederation.  The  conviction 
was  general,  therefore,  in  the  Constitutional  Convention 
that  some  plan  should  be  adopted  by  which  the  Con- 
stitution might  be  made  to  conform  to  the  require- 
ments of  future  conditions,  as  well  as  guard  against 
changes  too  easily  secured.  Article  V  provides  for 
amendments  as  follows  : 

The  Congress,  whenever  two-thirds  of  both  houses  shall  Article  V. 
deem  it  necessary,  shall  propose  amendments  to  this  Con- 
stitution, or,  on  the  application  of  the  legislatures  of  two- 
thirds  of  the  several  States,  shall  call  a  convention  for  pro- 
posing amendments,  which,  in  either  case,  shall  be  valid  to 
all  intents  and  purposes,  as  part  of  this  Constitution,  when 
ratified  by  the  legislatures  of  three-fourths  of  the  several 
States,  or  by  conventions  in  three-fourths  thereof,  as  the  one 
or  the  other  mode  of  ratification  may  be  proposed  by  the 
Congress  ;  provided  that  no  amendment  which  may  be  made 
prior  to  the  year  one  thousand  eight  hundred  and  eight  shall 
in  any  manner  affect  the  first  and  fourth  clauses  in  the  ninth 
section  of  the  first  article  ;  and  that  no  State,  without  its 
consent,  shall  be  deprived  of  its  equal  suffrage  in  the 
Senate. 

Amendments  to  the  Constitution  may  thus  be  pro- 
posed in  two  ways  :  by   a  vote   of  two-thirds  of  both   Methods  of 
houses  or  by  a  National  convention  called  by  Congress  amSid-°^ 
for  that  purpose  on  the  application  of  two-thirds  of  the   °^®"^^* 

337 


338 


Amendments  to  the  ConstituUon 


Ratification 
of  amend- 
ments. 


Permanent 
feature  of 
the  Consti- 
tution. 


Number  of 
amend- 
ments. 
American 
Historical 
Association 
Reports,  V, 
3H1. 


Bill  of 
Rights. 


State  legislatures.  The  convention  method  has  never 
been  used  in  proposing  amendments  to  the  Consti- 
tution. 

Amendments  may  also  be  ratified  by  either  of  two 
methods  :  by  the  legislatures  in  three-fourths  of  the 
several  States,  or  by  conventions  in  three-fourths  there- 
of. When  Congress  has  proposed  an  amendment,  it 
has  designated  that  the  ratification  should  be  by  the 
State  legislatures.  The  method  used  in  proposing  and 
in  adopting  amendments  seems  the  best,  for  the  bodies 
called  upon  to  act  may  be  easily  summoned. 

The  most  permanent  part  of  the  Constitution  was  se- 
cured through  the  provision  that  "no  State,  without  its 
consent,  shall  be  deprived  of  its  equal  suffrage  in  the 
Senate." 

More  than  1,700  amendments  to  the  Constitution 
have  been  proposed  in  an  official  way.  Nineteen  of 
these  have  been  presented  to  the  State  legislatures  for 
ratification  and  fifteen  only  have  received  the  requisite 
three-fourths  vote.  These  amendments  have  now  the 
same  force  as  the  original  Constitution. 

One  of  the  chief  arguments  against  the  Constitution 
was  that  it  did  not  contain  a  Bill  of  Eights,  and  con- 
sequently it  was  asserted  that  the  rights  of  the  individ- 
ual citizen  could  not  be  maintained.  As  already  noted 
(page  133)  some  of  the  States  were  induced  to  ratify  the 
Constitution,  even  with  this  omission,  providing  they 
were  given  the  privilege  of  recommending  amendments. 
One  hundred  and  eighty-nine  propositions  in  the  nat- 
ure of  amendments,  many  of  them  being  repetitions, 
were  presented  by  the  various  States  to  the  first  Con- 
gress. Seventeen  amendments,  largely  selected  from 
these,  were  proposed  by  the  House  of  Representatives. 
Twelve  were  agreed  to  by  the  Senate  and  ten  were  rat- 
ified by  three-fourths  of  the  State  legislatures.      The 


Amendments  to  the   Constitution  339 

first  ten  amendments  are  frequently  referred  to,  there- 
fore, as  "  The  Bill  of  Eights." 

Congress  shall  make  no  law  respecting  an  establishment  Amend- 
of  religion,  or  prohibiting  the  free  exercise  thereof;    or  Freedom  oi 
abridging  the  freedom  of  speech  or  of  the  press,  or  the  right  epeech?and 
of  the  people  peaceably  to  assemble,  and  to  petition  the  gov-  °  ^'^^°^  ^' 
ernment  for  a  redress  of  grievances. 

The  religious  intolerance  characteristic  of  the  colonies 
and  the  presence  of  so  many  different  sects  doubtless  led 
to  this  decree,  by  which  the  National  government  should 
be  forever  free  from  the  disturbances  which  would  fol- 
low should  Congress  have  been  given  the  right  to  set  up 
a  National  religion.  Our  government,  unlike  that  of 
many  European  nations,  grants  the  greatest  liberties, 
provided  it  can  be  shown  that  what  was  said  or  pub- 
lished was  true  and  the  facts  were  made  known  with 
good  motives  and  for  justifiable  ends.  After  many  con- 
tests in  English  history,  the  "right  of  petition"  was 
finally  assured  in  the  Declaration  of  Rights  of  1688. 
The  principle  was  reasserted  in  many  of  the  State  con- 
stitutions, and,  although  inherent  in  a  republican  form 
of  government,  it  was  thought  desirable  to  establish  the 
right  by  making  it  a  part  of  the  Constitution. 

A  well-regulated  militia  being  necessary  to  the  security  Amend- 
ofafree  State,  the  right  of  the  people  to  keep  and  bear  arms  ^|h*t^of 
shall  not  be  infringed.  Sia.^ 

The  necessity  for  having  a  militia  has  been  referred  to 
on  page  237.  Fear  of  a  monarch  was  genuine,  and  it  was 
believed  that  the  militia  would  form  a  ready  defence 
against  any  usurpation  of  power  on  the  part  of  the 
President. 

No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  Amend 
house  without  the  consent  of  the  owner,  nor  in  time  of  war.    Quartering 
but  in  a  manner  to  be  prescribed  by  law.  °^  soldiers. 

The  English  authorities  maintained  the  right  of  '*bil-  • 


340 


Amendments  to  the  Constitution 


Amend- 
ment IV. 
Greneral 
warrants. 


Amend- 
ment IX. 
Rights  re- 
tained by 
the  people. 


Amend- 
ment  X. 
Powers  re- 
served to 
the  States. 


leting  soldiers  "  upon  the  colonists  in  time  of  peace,  and 
this  grievance  was  one  of  the  causes  of  the  American 
Revolution.  It  was  maintained  that  "  a  man's  house  is 
his  castle,"  and  that  he  was  justified  in  resisting  all  in- 
trusions of  this  nature. 

The  right  of  the  people  to  he  secure  in  their  persons, 
houses,  papers,  and  effects  against  unreasonable  searches  and 
seizures,  shall  not  he  violated,  and  no  warrant  shall  issue 
hut  upon  prohahle  cause,  supported  hy  oath  or  affirmation, 
and  particularly  descrihing  the  place  to  be  searched,  and  the 
persons  or  things  to  he  seized. 

This  Amendment,  like  the  preceding,  grew  out  of  the 
desire  to  check  any  tendency  on  the  part  of  the  govern- 
ment to  trample  on  the  rights  of  personal  liberty  and 
private  property.  It  was  believed  that  the  English  au- 
thorities had  disregarded  these  rights  when  they  issued 
and  strove  to  enforce  the  carrying  out  of  the  obnoxious 
Writs  of  Assistance.* 

The  enumeration  in  the  Constitution  of  certain  rights 
shall  not  he  construed  to  deny  or  disparage  others  retained 
hy  the  people. 

Many  clauses  of  the  Constitution  have  in  them  an 
enumeration  of  certain  personal  rights  retained  by  the 
people.  Among  these  rights  are  the  privileges  of  the 
writ  of  habeas  corpus  and  of  the  right  of  trial  by  jury. 
Since  all  personal  rights  could  not  be  thus  enumerated, 
Amendment  IX  was  evidently  intended  to  apply  to  those 
not  so  designated. 

The  powers  not  delegated  to  the  United  States  hy  the  Con- 
stitution, nor  prohibited  hy  it  to  the  States,  are  reserved  to 
the  States  respectively,  or  to  the  people. 

A  motion  was  made  when  this  Amendment  was  being 
discussed  in  Congress  that  the  words  "  expressly  dele- 

*  Amendments  V,  VI,  VII,  and  VIII  have  been  discussed  under  the 
Judiciary,  on  page  310. 


Amendments  to  the  Constitution  341 

gated"  be  used.  It  was  made  to  appear  in  the  discus- 
sion that  the  Amendment,  as  given,  was  intended  as  an 
interpretation  of  the  Constitution,  and  that,  since  it  was 
impracticable  to  enumerate  all  of  the  powers  of  the  gen- 
eral government,  some  must  of  necessity  be  implied 
(see  pages  239-241).* 

The  Emancipation  Proclamation  granted  freedom  to 
all  the  slaves  in  the  States  then  in  rebellion.  Delaware, 
Kentucky,  Tennessee,  Missouri,  Maryland,  and  parts  of 
Virginia  and  Louisiana  do  not  appear  in  this  list.  Slaves 
were  held  in  these  States,  and  slavery  still  had  a  legal 
right  to  exist  in  them.  Congress  desired  to  settle  the 
question,  and  February  1,  1865,  proposed  the  Xlllth 
Amendment  to  the  Constitution. 

Neither  slavery  nor  involuntary  servitude,  except  as  a  pun-  Amend- 
ishment  for  crime  whereof  the  party  shall  have  been  duly  eection  i. 
convicted,  shall  exist  luithin  the  United  States,  or  any  place 
subject  to  their  jurisdiction. 

Congress  shall  have  power  to  enforce  this  Article  by  ap-  section  2. 
propriate  legislation. 

The  wording  of  the  Amendment  is  almost  the  same  as 
that  which  pertains  to  slavery  in  the  Ordinance  for  the 
Northwest  Territory  of  1787  and  the  Wilmot  Proviso. 
After  it  was  ratified  by  sixteen  free  States  and  eleven  of 
the  former  slave-holding  States,  the  requisite  three- 
fourths,  Mr.  Seward,  then  Secretary  of  State,  declared  it 
to  be  a  part  of  the  Constitution  of  the  United  States, 
December  18,  1865. 

Amendment  XIV  was  proposed  h^  Congress,  June  16, 
1866,  as  a  part  of  the  general  plan  for  Reconstruction. 
The  Southern  States  were  not  to  be  regarded  as  a  part 
of  the  Union  until  they  should  ratify  it. 

*  Amendment  XI  has  been  taken  up  under  the  Judiciary,  page  307 ; 
Anaendment  XII  has  been  considered  in  connection  with  the  election 
of  President  and  Vice-President,  page  258. 


342 


Amendments  to  the  Constitution 


Amend- 
ment xrv, 
section  1. 


Privileges 
or  immuni- 
ties of  citi- 
zens. 

Story,  Com- 
mentaries, 
81936. 


Due  process 
of  law. 
Story,  Com- 
mentaries, 
§S  IH40- 

iy44. 


All perso7is  horn  or  naturalized  in  the  United  States, 
and  sulject  to  the  jurisdiction  thereof,  are  citizens  of 
the  United  States  and  of  the  State  wherein  they  reside. 
No  State  shall  mahe  or  enforce  any  law  which  shall 
abridge  the  privileges  or  immunities  of  citizens  of  the 
United  States  ;  nor  shall  any  State  deprive  any  person 
of  life,  liberty,  or  property,  without  due  process  of  laiu  ; 
nor  deny  to  any  person  within  its  jurisdiction  the  equal 
protection  of  the  laws. 

The  first  section  has  already  been  partially  discussed 
on  page  222  under  the  question,  Who  are  citizens. 

The  "  privileges  or  immunities  "  of  the  section  doubt- 
less refer  to  the  rights  of  the  freedmen  which  had  been 
defined  by  the  Civil  Eights  Act  of  April  9,  1866.  By 
this  act,  the  "  freedmen  were  to  have  the  same  rights  in 
every  State  and  Territory  of  the  United  States  to  make 
and  enforce  contracts  ;  to  sue,  be  parties,  and  give  evi- 
dence ;  to  inherit,  purchase,  lease,  sell,  hold,  and  con- 
vey real  and  personal  property,  and  to  full  and  equal 
benefit  of  all  laws  and  proceedings  for  the  security  of 
person  and  property  as  is  enjoyed  by  white  citizens  and 
to  be  subject  to  the  like  punishments,  pains,  and  penal- 
ties, and  to  none  other,  any  law,  statute,  ordinance,  reg- 
ulation, or  custom  to  the  contrary  notwithstanding." 
The  right  to  vote  is  not  enumerated,  for  it  is  a  political 
right. 

It  was  feared  attempts  would  be  made  in  some  of  the 
States  to  keep  the  negro  in  a  condition  of  dependence 
through  adverse  legislation.  To  prevent  this,  the  pro- 
vision was  made  that  no  State  should  deprive  "  any 
person  of  life,  liberty,  or  property  without  due  process 
of  law."  The  phrase,  "due  process  of  law  "has  been 
regarded  in  its  legal  effects,  as  equivalent  to  "  the  law 
of  the  land  "  which  was  defined  by  Webster  in  the  Dart- 
mouth College  case  as  follows  :     "  By  the  law  of  the  land 


Amendments  to  the  Constitution  343 

is  most  clearly  intended  the  general  law ;  a  law  which  Dartmouth 
hears  before  it  condemns  ;  which  proceeds  upon  inquiry,   woolward, 
and  renders  judgment  only  after  trial.     The  meaning  519. 
is,  that  every  citizen  shall  hold  his  life,  liberty,  property, 
and   immunities  under    the   protection  of  the  general 
rules  which  govern  society."  * 

Congress  believed  that  the  leaders  of  the  South  in  the 
Civil  War  should  be  deprived  of  some  of  their  political 
privileges,  and  so  framed  section  8  : 

No  person  shall  le  a  Senator  or  Representative  171  Amend- 
Congress,  or  Elector  of  President  and  Vice-President,  section  3. ' 
or  hold  any  office,  civil  or  military,  under  the  United 
States,  or  under  any  State,  ivho,  having  previously  taken 
an  oath  as  a  member  of  Congress,  or  as  an  officer  of  the 
United  States,  or  as  a  member  of  any  State  legislature, 
or  as  an  executive  or  judicial  officer  of  any  State,  to 
support  the  Constitution  of  the  Uiiited  States,  shall  have 
engaged  in  insurrection  or  rebellion  against  the  same,  or 
given  aid  or  comfort  to  the  enemies  thereof.  But  Con- 
gress may,  by  a  vote  of  two-thirds  of  each  house,  remove 
such  disability. 

Congress  has  at  different  times  removed  the  disabili-  30  United 
ties  from  certain  of  these  classes.     Finally,  an  act  of  utesat 


June  6,  1898,  removed  the  last  disability  imposed  by 
this  section. 

It  was  feared  there  might  be  an  attempt  to  repudiate 
the  debt  which  had  been  incurred  in  the  suppression  of 
the  Eebellion  and  also  to  pay  the  war  debt  of  the  seced- 
ing States.  This  led  to  the  embodiment  of  section  4  as 
a  part  of  the  Amendment : 

The  validity  of  the  public  debt  of  the  United  States, 
authorized  by  law,  including  debts   incurred  for  pay- 

*  Section  2  has  been  taken  up  in  connection  with  the  apportionment  of 
Representatives,  page  142.  Pupils  should  read  the  entire  Amendment  as 
found  in  the  Constitution,  Appendix  A. 


Large.  432. 


344 


Amendments  to  the  Constitution 


Amend- 
ment XIV, 
section  4. 


Section  5. 


Amend- 
ment XV, 
section  1. 


Section  2. 


me7it  of  pensio7is  and  bounties  for  services  in  suppress- 
ing insurrection  or  rebellion,  shall  not  be  questioned. 
But  neither  the  United  States  nor  a7iy  State  shall  as- 
sume or  pay  any  debt  or  obligation  incurred  in  aid  of 
insurrectio7i  or  rebellion  against  the  United  States,  or 
any  claim  for  the  loss  or  emancipatio7i  of  any  slave ; 
but  all  such  debts,  obligatio7is  and  claims  shall  be  held 
illegal  and  void. 

The  Cotigress  shall  have  power  to  eiiforce,  by  appro- 
priate legislation,  the  provisio7is  of  this  article. 

In  order  to  secure  full  political  rights  for  the  negroes 
the  XVtli  Amendment  was  passed  as  indicated  on  page 
142. 

The  right  of  citizens  of  the  United  States  to  vote  shall 
not  be  de7iied  or  abridged  by  the  United  States,  or  by 
any  State,  on  accou7it  of  race,  color,  or  previous  condi- 
tion of  servitude. 

The  Congress  shall  have  power  to  enforce  this  article 
by  appropriate  legislation. 


Supplementary  Questions  and  References. 

1.  What  facts  can  be  given  showing  the  difficulty  of 
amending  the  Articles  of  Confederation?  Fiske,  Critical 
Period,  218-220. 

2.  Is  it  now  considered  difficult  to  amend  the  Constitu- 
tion? Bryce,  American  Commonwealth,  I,  359-362  (368- 
371). 

3.  What  were  the  conditions  under  which  the  Emancipa- 
tion Proclamation  was  issued  ?  Wilson,  Division  and  Re- 
union, 226-228. 

4.  Was  the  adoption  of  the  XVth  Amendment  a  wise 
policy  ? 


CHAPTER  XXX 
MISCELLANEOUS   PROVISIONS 

I.  Debts  Contracted  Under  the  Confederation. 

All  debts  contracted  and  engagemeyits  entered  into  he-  Amend- 
fore  the  adoption  of  this  Co?istitution  shall  be  as  valid  clause  i." 
against  the   United  States  under  this  Constitution  as 
under  the  Confederation. 

A  generally  accepted  principle  of  public  law  provides 
that  the  debts  or  other  contracts  of  a  nation  remain 
valid  even  though  the  form  of  government  should  be 
changed.  The  framers  of  the  Constitution  desired  thus 
publicly  to  declare  that  the  new  government  was  to  rec- 
ognize this  moral  obligation.  No  chapter  in  our  his- 
tory is  of  greater  interest  than  that  which  relates  to  the 
carrying  out  of  this  principle  by  Alexander  Hamilton. 

n.  Oath  of  Office. 

The  Senators  and  Representatives  before  mentioned,  clauses. 
a7id  the  members  of  the  several  State  legislatures,  and 
all  executive  and  judicial  officers  both  of  the  United 
States  and  of  the  several  States,  shall  be  bound  by  oath 
or  affirmation  to  support  this  Constitution  ;  but  no  re- 
ligious test  shall  ever  be  required  as  a  qualification  to 
any  office  or  public  trust  under  the  United  States. 

The  form  of  oath  to  be  taken  was  prescribed  by  Con- 
gress, June  1,  1789,  and  is   still  used.     (This  form  is 
given  on   page  268.)     Church  and  State  were   closely     * 
linked  together  in  the  European  countries  when  the  Con- 

345 


346  Miscellaneous  Provisions  * 

stitution  was  framed  and  a  religious  test  was  essential 
to  office-holding  in  some  of  the  thirteen  original  States. 
The  desire  to  escape  the  abuses  of  such  a  system  led  to 
the  wise  provision  that  no  religious  test  should  ever  be 
required  for  holding  public  office  under  the  National 
government. 


CHAPTER  XXXI 
THE  RELATIONS    OF  STATES  AND  NATION 

We  have  now  studied  in  succession  the  local,  State, 
and  National  governments  of  our  country.  Since  the 
local  units  are  subordinate  to  the  States  of  which  they 
are  divisions,  there  remain  to  be  considered  the  relations 
that  exist  between  the  State  and  National  systems. 

We  should  first  observe  that  the  States  are  not  mere 
administrative  divisions  of  the  Nation.  They  do  not 
stand  in  the  same  relation  to  the  Nation  that  counties 
bear  to  a  State.  They  do  not  derive  their  powers  from 
the  National  government,  nor,  on  the  other  hand,  does 
the  latter  derive  its  powers  from  the  States.  The  source 
of  power  for  both  is  the  same — "the  people  themselves, 
as  an  organized  body  politic."  *  The  United  States  is, 
then,  a  Federal  Republic.  This  is  very  different,  on  the  a  Federal 
one  hand,  from  a  confederation,  such  as  existed  in  this  ^^^ 
country  between  1781  and  1789,  and,  on  the  other  hand, 
from  a  centralized  republic,  such  as  exists  to-day  in 
France.  In  the  former  case,  the  National  government 
rested  upon  the  States  and  could  exercise  its  most  im- 
portant powers  only  through  them.  In  France,  the  "  de- 
partments "  (which  may  be  compared  to  our  States)  are 
merely  local  administrative  divisions  of  the  nation,  and 
possess  no  original  powers  of  government.  Our  Fed- 
eral Republic  is  more  complex  than  either  of  these  sys- 
tems ;  but  in  efficiency  it  far  excels  the  Confederacy, 
and  in  its  adaptation  to  the  circumstances  of  the  people 

*  Cooley,  Constitutional  Limitations,  305. 
347 


348  The  Relations  of  States  and  Nation 

it  is  infinitely  better  than   a   centralized   government 

would  be. 

The  peculiarity  of  our  government  lies  in  the  division 
The  division  of  powers  between  State  and  National  authorities.  His- 
between  torically,  and  from  a  legal  point  of  view,  we  should  first 
ernments       think  of  all  governmental  powers  as  originating  in  the 

and  the  ■,  --. «  .1 

National        people.     Ui  these  powers, 

menT"  1.  Some  are  exercised  by  State  authorities. 

2.  Others  are  delegated  to  the  National  government. 
The  powers  belonging  to  the  first  group  are  nowhere 

enumerated,  because  it  is  neither  necessary  nor  pos- 
sible to  anticipate  all  of  them.  They  are  the  reserved 
powers  mentioned  in  the  10th  Amendment  to  the  United 
States  Constitution.  The  powers  of  the  second  group 
are  enumerated  in  the  Constitution  ;  they  are  vested  in 
the  legislative,  executive,  and  judicial  branches  of  the 
National  government.  We  see,  then,  that  local  self-gov- 
ernment is  preserved  in  the  States  for  State  purposes ; 
and  that  the  National  government  was  created  to  fulfil 
National  purposes,  by  a  direct  grant  of  power  from  the 
people. 

In  determining  this  division  of  powers,  it  becomes 
necessary  to  make  two  other  groups : 

3.  Some  specific  powers  are  denied  to  the  United 
States.* 

4.  Others  are  denied  to  the  States,  f 

Some  of  these  prohibitions  are  necessary  in  order  that 
the  parts  of  our  double  system  of  government  may  work 
harmoniously.  Evidently,  too,  the  people  intend  that 
some  powers  shall  not  be  exercised  by  either  State  or 
National  authorities,  since  they  are  denied  to  both.  In 
this  way,  certain  ancient  liberties  are  preserved. 

5.  Finally,  there  is  a  group  called  concurrent  powers, 

*  See  Article  I,  section  9,  and  Amendments  I-VIII  and  XI. 
t  See  Article  I,  section  10,  and  Amendments  XIII-X V. 


The  Relations  of  States  and  Nation         349 

because  they  may  be  exercised  by  both  State  and  Na- 
tional governments. 

We  have  spoken  as  though  there  were  two  govern- 
ments, but  in  reality  there  is  but  one.  Its  parts  (State  But  one 
and  National)  are  distinct  but  not  separate.*  They  fit  ment 
into  and  harmonize  with  each  other.  Each  is  necessary 
to  the  existence  of  the  other.  In  the  analysis  of  our 
government  from  a  legal  point  of  view,  we  examine 
them  separately  ;  but  in  the  bestowal  of  our  patriotic 
allegiance  as  citizens  no  such  separation  is  possible. 

Such  is  the  theory  of  our  government.  Its  practical 
workings  are  not  so  simple,  for  very  often  the  line  of 
division  between  State  and  Federal  powers  is  doubtful. 
In  tracing  this  line,  the  courts  have  constantly  had  in 
view  that  clause  of  the  Constitution  which  says  ; 

This  Constitution,  and  the  laws  of  the  United  States 
which  shall  he  made  in  pursuance  thereof,  and  all  treaties 
made,  or  which  shall  he  made,  under  the  authority  of  the  Article  vi, 

"^    *^  clauses. 

United  States,  shall  be  the  supreme  law  of  the  land ; 
and  the  judges  in  every  State  shall  he  hound  thereby, 
anything  in  the  Cofistitution  or  laws  of  any  State  to  the 
contrary  notwithstanding. 

The  doctrine  of  National  sovereignty  {i.e.,  the  supreme 
authority  of  the  National  government  over  every  State  National 
and  every  individual)  became  fully  established,  subject 
to  dispute  from  no  authoritative  source  whatever,  only 
after  the  Civil  War  and  the  events  that  followed.  But 
this  doctrine  is  to  be  viewed  in  the  light  of  a  larger 
fact,  viz.,  that  the  National  government  possesses  only 
delegated  powers,  and  it  is  only  within  the  sphere  of 
these  powers  that  the  National  authority  is  supreme. 
"When  a  particular  power  is  found  to  belong  to  the 
States,  they  are  entitled  to  the  same  complete  indepen- 
dence in  its  exercise  as  is  the  National  government  in 

*  WilBon,  The  State,  480-483. 


Sovereignty. 


360  The  Relations  of  States  and  Nation 

wielding  its  own  authority.  Each  within  its  sphere  has 
sovereign  powers."  * 

We  have  seen  that  it  is  the  duty  of  the  courts  to 
determine,  when  cases  come  before  them,  the  limits  of 
State  and  National  jurisdiction.  In  the  last  resort,  the 
Supreme  Court  of  the  United  States  decides  whether 
any  act  of  either  government  is  Constitutional.  The 
National  government  is,  therefore,  the  final  judge  of 
the  extent  of  its  own  powers,  as  well  as  of  State  powers 
when  State  and  National  authority  seem  to  conflict. 
During  most  of  our  history  the  doctrine  was  held  by 
eminent  persons  that,  in  the  event  of  such  a  conflict, 
a  State  might  legally  decide  for  itself  which  authority 
state  should  prevail.     The  doctrine  of  "  State  Sovereignty  " 

was  enunciated  in  the  Virginia  Resolutions  of  1798  by 
Madison ;  in  the  Kentucky  Resolutions  of  the  same 
year  by  Jefferson,  and  in  the  Resolutions  of  the  Hart- 
ford Convention  (1814).  The  doctrine  found  its  logical 
conclusion  in  the  nullification  of  a  Federal  law  by  South 
Carolina  in  1832.  Carried  to  its  extreme  limits,  State 
sovereignty  became  the  grounds  of  justification  for  the 
secession  of  the  southern  States  at  the  opening  of  the 
Civil  War.  The  doctrine  received  its  death-blow  in  the 
events  of  that  period.  The  success  of  the  National  idea 
seemed  for  a  time  to  endanger  the  preservation  of  the 
true  theory  of  our  government,  by  threatening  the  com- 
plete dominance  of  National  over  State  authority.  But 
the  Supreme  Court  of  the  United  States  is  guardian  of 
State  and  Nati(^nal  powers  alike,  and  its  decisions  have 
held  firmly  to  the  lines  of  division  that  have  been  indi- 
cated in  the  preceding  discussion. 

As  a  further  statement  of  this  division,  it  may  be  said 
that  the  States  are  presumed  to  have  jurisdiction  over 
all  subjects  of  legislation,  except  as  their  powers  are 

*  Cooley,  Principles  of  Constitutional  Law,  34. 


The  Relations  of  States  and  Nation         351 

limited  (1)  by  the  National  Constitution,  (2)  by  the 
State  constitutions.  The  National  government,  on  the 
other  hand,  is  presumed  to  have  only  such  powers  as 
are  delegated  to  it  (either  specifically  or  by  implication) 
in  the  Constitution  of  the  United  States. 

At  its  foundation,  that  double  system  which  we  call 
"  the  government  of  the  United  States  "  rests  upon  the 
people.  They  have  not  finally  determined  its  character, 
but  have  reserved  the  right  to  modify  its  form  by  the 
process  of  amendment,  and  to  change  its  policy  by  the 
periodical  election  of  officers. 


Supplementary  Questions  and  References. 

1.  The  government  of  France  is  described  in  Wilson, 
The  State,  214-223. 

2.  Switzerland  is  also  a  republic  ;  what  are  the  main 
features  of  its  government  ?     Wilson,  305-333. 

3.  What  are  some  of  the  most  important  among  the  re- 
served powers  of  the  States?  How  are  similar  powers  ex- 
ercised in  England  ?     Wilson,  487-488. 

4.  Make  lists  of  powers  (1)  delegated  to  the  National 
government ;  (2)  denied  to  it ;  (3)  prohibited  to  the  States  ; 
and  (4)  to  both.  (5)  What  powers  would  you  classify  as 
concurrent  ? 

5.  Is  it  accurate  to  say  that  the  National  government 
has  '  *  more  powers ' '  than  the  States  ?  That  it  is  * '  strong- 
er ' '  than  the  States  ? 

6.  What  is  the  English  Constitution  ?  Bryce,  I,  237- 
238  (241-242).  Why  may  an  act  of  Parliament  be  uncon- 
stitutional and  yet  valid  ?     Bryce,  I,  245-246  (250-251). 

7.  Can  you  mention  State  and  National  laws  that  have 
been  declared  unconstitutional  by  the  Supreme  Court  ? 


CHAPTEK  XXXII 

SOME  FEATURES   OF  INTERNATIONAL  LAW  AND   AR- 
BITRATION 

We  have  considered  sorde  of  the  ways  in  which  our 
government  is  brought  into  direct  relations  with  for- 
eign powers,  such  as  extradition,  the  postal  system, 
naturalization,  and  privateering.  It  is  especially  to  be 
noted  that  during  the  nineteenth  century  there  was  a 
marked  advance  toward  the  settlement  of  controversies 
between  nations  according  to  the  principles  of  inter- 
national law  and  through  courts  of  arbitration.  It  will 
be  of  interest,  therefore,  to  consider  a  few  of  the  lead- 
ing principles  which  have  tended  to  prevent  wars  and 
lessen  the  suffering  and  destruction  incident  to  war- 
fare, and  to  note  the  relation  of  the  United  States  to 
these  forward  movements. 

According  to  the  definition  given  on  page  233,  inter- 
Nature  and  national  law  refers  to  the  usages  which  have  been  es- 
interuation-  tablished  between  civilized  nations,  but  more  narrowly 
interpreted  it  pertains  to  that  body  of  rules  which  are 
accepted  by  the  six  great  European  powers  and  the 
United  States.  Strictly  speaking,  Hugo  Grotius,  a  po- 
litical exile  from  Holland  residing  in  Paris,  became  the 
founder  of  international  law  through  the  publication,  in 
1625,  of  his  "  De  Jure  Belli  ac  Pactis,"  a  book  which 
has  been  declared  to  have  altered  the  history  of  the 
world.  "  Additions  have  been  made  to  this  great  work 
slowly  and  imperceptibly  as  the   public  opinion  of  the 

353 


al  law. 


International  Law  and  Arbitration  353 

civilized  world  decides  new  cases  or  grows  to  greater 
heights  of  humanity  and  justice."  * 

Some  of  the  most  difficult  international  problems 
have  arisen  over  the  attempts  to  define  the  rights  of 
neutral  nations,  especially  on  the  high  seas,  and  the 
treatment  of  merchant  ships  and  other  private  prop- 
erty during  the  time  of  war.  National  usage  varied 
until  the  year  1856,  when  the  great  nations  (the  United 
States  and  Spain  excepted),  in  the  Congress  at  Paris,  Paris  con- 
gave  the  chief  impulse  to  united  action  by  agreeing  to 
the  four  significant  principles .  1.  Privateering  is  and 
remains  abolished  ;  2.  The  neutral  flag  covers  an  en- 
emy's goods,  with  the  exception  of  contraband  of  war ; 

3.  Neutral  goods  with  the  exception  of  contraband  of 
war  are  not  liable  to  capture  under  the  enemy's  flag ; 

4.  Blockades  in  order  to  be  binding  must  be  effective. 
By   the    year   1861    forty-six   sovereign   States   had 

agreed  to  accept  these  principles.  The  United  States  The  United 
government  asserted  that  all  private  property  at  sea  the  Rule  of 
should  be  exempt  from  capture  and  confiscation,  except 
in  the  cases  of  the  violation  of  a  blockade  and  contra- 
band of  war,  and  refused,  in  consequence,  to  sanction 
the  Paris  Declaration.  In  treaties  made  with  individ- 
ual nations,  however,  the  United  States  accepted  these 
principles  and,  in  1898,  on  the  occasion  of  the  outbreak 
of  the  Spanish-American  War,  our  government  issued 
decrees  upon  the  subjects  mentioned  below. 

1.  No  privateers  were  to  be  allowed.  (See  page  234.)  2.  The 
blockade  of  the  forts  on  the  coasts  of  Cuba  should  be  made  effec- 
tive. 3.  Contraband  of  war  was  to  be  carefully  defined.  The  arti-  Contraband 
cles  declared  to  be  absolutely  contraband  were  :  "  Ordnance,  ma- 
chine-guns and  their  appliances  and  the  parts  thereof;  armor  plate 
and  whatever  pertains  to  the  offensive  and  defensive  armament  of 
naval  vessels  ;  arms  and  instruments  of  iron,  steel,  brass,  or  copper, 

*  Lawrence,  The  Principles  of  International  Law,  54. 


of  war. 


354  International  Laio  and  Arbitration 

or  any  other  material,  such  arms  and  instruments  being  especially 
adapted  for  use  in  war  by  land  or  sea ;  torpedoes  and  their  appur- 
tenances ;  cases  for  mines,  of  whatever  material ;  engineering  and 
transport  materials,  such  as  gun-carriages,  caissons,  cartridge- 
boxes,  campaigning  forges,  canteens,  pontoons  ;  ordnance  stores ; 
portable  range-finders  ;  signal  flags  destined  for  naval  use ;  ammu- 
nition and  explosives  of  all  kinds ;  machinery  for  the  manufacture 
of  arms  and  munitions  of  war;  saltpetre,  military  accoutrements 
and  equipments  of  all  sorts;  horses,"  The  "conditionally  contra- 
band "  articles  mentioned  were  the  following :  "  Coal  when  des- 
tined for  a  naval  station,  a  port  of  call,  or  a  ship  or  ships  of  the 
enemy ;  materials  for  the  construction  of  railroads  and  telegraphs, 
and  money,  when  such  material  or  money  are  destined  for  an  ene- 
my's forces;  provisions  when  destined  for  an  enemy's  ship  or 
ships,  or  for  a  place  that  is  besieged." 

Spain  declared  that  the  last  three  articles  of  the  Declaration  of 
Paris  were  to  be  enforced,  but  maintained  the  right,  as  already  in- 
dicated, to  grant  letters  of  marque  to  privateers. 
The  Geneva  In  the  International  Convention,  at  Geneva,  in  1864,  another 
IbwT^'^^^**"'  marked  advance  was  made.  By  this  agreement,  which  has  been 
accepted  by  nearly  all  the  civilized  powers  of  the  world,  hospitals 
and  all  articles  intended  for  the  use  of  the  sick  and  wounded, 
together  with  all  surgeons,  nurses,  and  other  persons  engaged  in 
caring  for  them,  are  not  subject  to  capture  if  they  are  protected  by 
the  badge  having  a  red  cross  upon  a  white  ground.  This  emblem 
is  placed  on  the  flag  or  is  worn  on  the  arm  as  the  case  may  be. 

From  the  time  of   Grotius,   appeals  were  made  by  individuals 
and  congresses  for  the  lessening  of  the  grosser  severities  of  war- 
fare, but  these  ideas  were  not  put  into  practical  form  until  the  year 
1863.     President  Lincoln,  in  that  year,  decreed  that  the  armies  of 
the  United  States  should  be  governed  by  the  code  of  rules  which 
had  been  prepared  on  the  request  of  Mr.  Lincoln  by  Francis  Lie- 
ber.     A  similar  manual  was  afterward  adopted  by  the  various  Eu- 
The  Brua-       ropean  powers,  and  the  general  principles  were  adopted  as  an  inter- 
ence^iS?'^     national  code  by  the  Brussels  Conference  of  1874,  in  which  the 
.     leading  States  of  Europe  were  represented. 


International  Laiu  and  Arbitration  355 


International  Arbitration. 

International  Arbitration  signifies  the  agreement  on 
the  part  of  two  nations  in  dispute  to  submit  their  dif- 
ferences to  an  independent  tribunal  and  abide  by  its 
decision.  Great  progress  was  made  during  the  nine- 
teenth century  toward  this  much-desired  goal.  Our  own 
government  has  hastened  this  advance,  for  it  has  been  a 
party  to  about  fifty  out  of  one  hundred  and  twenty 
arbitrations.  Questions  settled  in  this  manner,  such  as 
boundary,  damages  inflicted  by  war  or  civil  disturb- 
ances, and  injuries  to  commerce,  would  formerly  have 
led  to  war.  Twenty  of  these  cases  have  been  between  the 
United  States  and  Great  Britain,  and  a  settlement  was 
effected  when,  at  times,  it  seemed  as  if  war  could  not  be 
averted.  Among  others  may  be  mentioned  the  Alabama 
Question,  which  was  decided  by  the  Geneva  Conference 
in  1873,  and  the  Behring  Sea  Seal  Fisheries  Question, 
which  was  finally  settled  by  a  tribunal  at  Paris  in  1893. 

The  work  of  The  Hague  Peace  Conference,  which  met 
May  18,  1899,  constituted  a  fitting  close  to  the  efforts  The  Hague 
which  were  put  forth  during  the  century  to  bring  about  im.^^^^^^ 
conciliation  through  arbitration.  The  Conference  as- 
sembled in  response  to  an  invitation  issued  by  the  Czar 
of  Kussia  "  on  behalf  of  disarmament  and  the  permanent 
peace  of  the  world."  One  hundred  and  ten  delegates 
were  present,  representing  twenty-six  different  powers, 
of  which  the  United  States  was  one.  The  delegates  were 
divided  into  three  commissions,  each  having  separate 
subjects  for  consideration. 

1.  The  first  commission  adopted  unanimously  the  res- 
olution  that    "the  limitation  of   the  military  charges   Work  of 
which  so  oppress  the  world  is  greatly  to  be  desired,"  but  missions, 
agreed  that  this  could  not  now  be  accomplished  through 
an  international  compact. 


356  International  Laiv  and  Arbitration 

2.  In  the  second  commission  a  revision  of  the  Declara- 
tion of  Brussels  concerning  the  rules  of  war  was  made. 
It  was  agreed  by  the  entire  Conference  that  a  new  Con- 
vention for  this  purpose  should  be  called,  and  that  the 
protection  offered  by  the  red  cross  as  agreed  upon  in 
the  Geneva  Convention  should  also  be  extended  to  naval 
warfare. 

3.  The  proposition  expressing  the  desire  that  interna- 
tional conflicts  might  in  the  future  be  settled  through 
arbitration  was  considered  by  the  third  commission. 
Said  the  late  ex-President  Harrison :  "  The  greatest 
achievement  of  The  Hague  Conference  was  the  establish- 
ment of  an  absolutely  impartial  judicial  tribunal."    Some 

internation-  of  the  leading  features  of  this  permanent  Court  of  Arbi- 
Aibitration.  tration  were  provided  for  as  follows  :  1.  Each  nation 
which  agreed  to  the  proposition  was  to  appoint,  within 
three  months,  four  or  more  persons  of  recognized  com- 
petency in  international  law,  who  were  to  serve  for  six 
years  as  members  of  the  International  Court.  2.  An 
International  Bureau  was  established  at  the  Hague  for 
the  purpose  of  carrying  on  all  intercourse  between  the 
signatory  Powers  relative  to  the  meetings  of  the  Court, 
and  to  serve  also  as  the  recording  office  for  the  Court.  3. 
Nations  in  dispute  may  select  from  the  list  of  names  ap- 
pointed as  ab(jve,  and  submitted  to  them  by  the  Bureau, 
those  persons  whom  they  desire  to  act  as  arbitrators. 
4.  The  meetings  of  the  Court  are  to  be  held  at  The 
Hague,  unless  some  other  place  is  stipulated  by  the 
nations  in  the  controversy.  This  Court  was  convened 
for  the  first  time  May  18,  1901.  It  is  readily  seen  that 
the  advantages  of  such  a  court  are  that  unprejudiced 
arbitrators  are  selected ;  rules  of  procedure  are  defined  ; 
and  that  decisions  rendered  are  more  liable  to  be  ac- 
cepted in  future  cases,  and  thus  a  code  will  be  formed. 


International  Law  and  Arbitration  357 


Suggestive  Questions  and  References. 

1.  The  Peace  Conference  at  The  Hague.  N.  A.  Rev.,  168  : 
771-778;  169:604-634;  625-639;  N.  Eng.  Mag.,  19:580- 
585  ;  Forum,  28  :  1-12  ;  Outlook,  62  :  22-25  ;  Reasons  for 
Russia's  desire  for  peace  ;  Rev.  of  R's,  18  :  376-377  ;  19  : 
432-434. 

2.  The  text  of  the  arbitration  agreement  made  at  The 
Hague  Conference  is  found  in  Rev.  of  R's,  21  :  51-55  ; 
Moore,  What  the  Arbitration  Treaty  is  Not,  Rev.  of  R's, 
21  :  50-51. 

3.  What  was  the  arbitration  treaty  negotiated  with  Eng- 
land in  1897?  Forum,  23:13-22;  23-27;  Outlook,  55: 
223-224  ;  Fiske,  Atl.  Mo.,  79  :  399-408  ;  For  what  reasons 
was  the  treaty  rejected  by  the  Senate?  Outlook,  55  :  960- 
961. 


APPENDIX  A 


CONSTITUTION 

OP    THE 

UNITED  STATES  OF  AMEKICA. 

We  the  people  of  the  United  States,  in  order  to  form  a  more 
perfect  union,  establish  justice,  insure  domestic  tranquillity,  pro- 
vide for  the  common  defence,  promote  the  general  welfare,  and 
secure  the  blessings  of  liberty  to  ourselves  and  our  posterity,  do 
ordain  and  establish  tliis  Constitution  for  the  United  States  of 
America 

ARTICLE  I. 

Section  I.  All  legislative  powers  herein  granted  shall  be  vested 
in  a  Congress  of  the  United  States,  which  shall  consist  of  a  Senate 
and  a  House  of  Representatives, 

Sect.  II.  1.  The  House  of  Representatives  shall  be  composed 
of  members  chosen  every  second  year  by  the  people  of  tiie  several 
States,  and  the  electors  in  each  State  shall  have  the  qualifications 
requisite  for  electors  of  the  most  numerous  branch  of  the  State 
Legislature. 

2.  No  person  shall  be  a  Representative  who  shall  not  have 
attained  to  the  age  of  twenty-five  years,  and  been  seven  years  a 
citizen  of  the  United  States,  and  who  shall  not,  when  elected,  be 
an  inhabitant  of  that  State  in  which  he  shall  be  chosen. 

3.  Representatives  and  direct  taxes  shall  be  apportioned  among 
the  several  States  which  may  be  included  within  this  Union,  accord- 
ing to  their  respective  numbers,  which  shall  be  determined  by  add- 
ing to  the  whole  number  of  free  persons,  including  those  bound  to 
service  for  a  term  of  years,  and  excluding  Indians  not  taxed,  three 
fifths  of  all  other  persons.  The  actual  enumeration  shall  be  made 
within  three  years  after  the  first  meeting  of  the  Congress  of  the 

358 


Constitution  of  the  United  States  of  America     359 

United  States,  and  within  every  subsequent  term  of  ten  years,  in 
such  manner  as  they  shall  by  law  direct.  The  number  of  Repre- 
sentatives shall  not  exceed  one  for  every  thirty  thousand,  but  each 
State  shall  have  at  least  one  representative ;  and  until  such  enu- 
meration shall  be  made,  the  State  of  New  Hampshire  shall  be  enti- 
tled to  choose  three,  Massachusetts  eight,  Rhode  Island  and  Provi- 
dence Plantations  one,  Connecticut  five.  New  York  six.  New  Jersey 
four,  Pennsylvania  eight,  Delaware  one,  Maryland  six,  Virginia 
ten.  North  Carolina  five.  South  Carolina  five,  and  Georgia  three. 

4.  When  vacancies  happen  in  the  representation  from  any  State, 
the  Executive  authority  thereof  shall  issue  writs  of  election  to  fill 
such  vacancies. 

5.  The  House  of  Representatives  shall  choose  their  Speaker  and 
other  officers ;  and  shall  have  the  sole  power  of  impeachment. 

Sect.  III.  1.  The  Senate  of  the  United  States  shall  be  com- 
posed of  two  Senators  from  each  State,  chosen  by  the  legislature 
thereof,  for  six  years ;  and  each  Senator  shall  have  one  vote. 

2.  Immediately  after  they  shall  be  assembled  in  consequence  of 
the  first  election,  they  shall  be  divided  as  equally  as  may  be  into 
three  classes.  The  seats  of  the  Senators  of  the  first  class  shall  be 
vacated  at  the  expiration  of  the  second  year,  of  the  second  class  at 
the  expiration  of  the  fourth  year,  and  of  the  third  class  at  the  ex- 
piration of  the  sixth  year,  so  that  one  third  may  be  chosen  every 
second  year ;  and  if  vacancies  happen  by  resignation  or  otherwise, 
during  the  recess  of  the  legislature  of  any  State,  the  Executive 
thereof  may  make  temporary  appointments  until  the  next  meeting 
of  the  legislature,  which  shall  then  fill  such  vacancies, 

3.  No  person  shall  be  a  Senator  who  shall  not  have  attained  to 
the  age  of  thirty  years,  and  been  nine  years  a  citizen  of  the  United 
States,  and  who  shall  not,  when  elected,  be  an  inhabitant  of  that 
State  for  which  he  shall  be  chosen. 

4.  The  Vice-President  of  the  United  States  shall  be  President  of 
the  Senate,  but  shall  have  no  vote,  unless  they  be  equally  divided. 

5.  The  Senate  shall  choose  their  other  officers,  and  also  a 
President  pro  tempore^  in  the  absence  of  the  Vice-President,  or 
when  he  shall  exercise  the  office  of  President  of  the  United  States, 

6.  The  Senate  shall  have  the  sole  power  to  try  all  impeach- 
ments. When  sitting  for  that  purpose,  they  shall  be  on  oath  or 
affirmation.  When  the  President  of  the  United  States  is  tried,  the 
Chief  Justice  shall  preside  :  and  no  person  shall  be  convicted  with- 
out the  concurrence  of  two  thirds  of  the  members  present. 


360  Appendix  A 

7.  Judgment  in  cases  of  impeachment  shall  not  extend  further 
than  to  removal  from  office,  and  disqualification  to  hold  and  enjoy 
any  office  of  honor,  trust  or  profit  under  the  United  States :  but 
the  party  convicted  shall  nevertheless  be  liable  and  subject  to  in- 
dictment, trial,  judgment  and  punishment,  according  to  law. 

Sect.  IV.  1.  The  times,  places  and  manner  of  holding  elec- 
tions for  Senators  and  Representatives  shall  be  prescribed  in  each 
State  by  the  legislature  thereof ;  but  the  Congress  may  at  any  time 
by  law  make  or  alter  such  regulations,  except  as  to  the  places  of 
choosing  Senators. 

2.  The  Congress  shall  assemble  at  least  once  in  every  year,  and 
such  meeting  shall  be  on  the  first  Monday  in  December,  unless  they 
shall  by  law  appoint  a  different  day. 

Sect.  V.  1.  Each  house  shall  be  the  judge  of  the  elections, 
returns  and  qualifications  of  its  own  members,  and  a  majority  of 
each  sliall  constitute  a  quorum  to  do  business ;  but  a  smaller  num- 
ber may  adjourn  from  day  to  day,  and  may  be  authorized  to  compel 
the  attendance  of  absent  members,  in  such  manner,  and  under  such 
penalties,  as  each  liouse  may  provide. 

2.  Each  house  may  determine  the  rules  of  its  proceedings,  pun- 
ish its  members  for  disorderly  behavior,  and  with  the  concurrence 
of  two  thirds,  expel  a  member. 

3.  Each  house  shall  keep  a  journal  of  its  proceedings,  and  from 
time  to  time  publish  the  same,  excepting  such  parts  as  may  in  their 
judgment  require  secrecy ;  and  the  yeas  and  nays  of  the  members 
of  either  house  on  any  question  shall,  at  the  desire  of  one  fifth  of 
those  present,  be  entered  on  the  journal. 

4.  Neither  house,  during  the  session  of  Congress,  shall,  without 
the  consent  of  the  other,  adjourn  for  more  than  three  days,  nor  to 
any  other  place  than  that  in  which  the  two  houses  shall  be  sitting. 

Sect.  VI.  1.  The  Senators  and  Representatives  shall  receive  a 
compensation  for  their  services,  to  be  ascertained  by  law  and  paid 
out  of  the  treasury  of  the  United  States.  They  shall  in  all  cases 
except  treason,  felony  and  breach  of  the  peace,  be  privileged  from 
arrest  during  their  attendance  at  the  session  of  their  respective 
houses,  and  in  going  to  and  returning  from  the  same ;  and  for  any 
speech  or  debate  in  either  house,  they  shall  not  be  questioned  in 
any  other  place. 

2,  No  Senator  or  Representative  shall,  during  the  time  for  which 
he  was  elected,  be  appointed  to  any  civil  office  under  the  authority 
of  the  United  States,  which  shall  have  been  created,  or  the  emolu- 


Constitution  of  the   United  States  of  America     361 

ments  whereof  shall  have  been  increased,  during  such  time ;  and 
no  person  holding  any  office  under  the  United  States  shall  be  a 
member  of  either  house  during  his  continuance  in  office. 

Sect.  VII.  1.  All  bills  for  raising  revenue  shall  originate  in  the 
House  of  Representatives ;  but  the  Senate  may  propose  or  concur 
with  amendments  as  on  other  bills. 

2.  Every  bill  which  shall  have  passed  the  House  of  Representa- 
tives and  the  Senate,  shall,  before  it  become  a  law,  be  presented  to 
the  President  of  thp  United  States ;  if  he  approve  he  shall  sign 
it,  but  if  not  he  shall  return  it  with  his  objections  to  that  house 
in  which  it  shall  have  originated,  who  shall  enter  the  objections  at 
large  on  their  journal,  and  proceed  to  reconsider  it.  If  after  such 
reconsideration  two  thirds  of  that  house  shall  agree  to  pass  the  bill, 
it  shall  be  sent,  together  with  the  objections,  to  the  other  house, 
by  which  it  shall  likewise  be  reconsidered,  and,  if  approved  by  two 
thirds  of  that  house,  it  shall  become  a  law.  But  in  all  such  cases 
the  votes  of  both  houses  shall  be  determined  by  yeas  and  nays, 
and  the  names  of  the  persons  voting  for  and  against  the  bill  shall 
be  entered  on  the  journal  of  each  house  respectively.  If  any  bill 
shall  not  be  returned  by  the  President  within  ten  days  (Sundays 
excepted)  after  it  shall  have  been  presented  to  him,  the  same  shall 
be  a  law,  in  like  manner  as  if  he  had  signed  it,  unless  the  Congress 
by  their  adjournment  prevent  its  return,  in  which  case  it  shall  not 
be  a  law. 

3.  Every  order,  resolution,  or  vote  to  which  the  concurrence  of 
the  Senate  and  House  of  Representatives  may  be  necessary  (except 
on  a  question  of  adjournment)  shall  be  presented  to  the  President 
of  the  United  States ;  and  before  the  same  shall  take  effect,  shall 
be  approved  by  him,  or  being  disapproved  by  him,  shall  be  re- 
passed by  two  thirds  of  the  Senate  and  House  of  Representatives, 
according  to  the  rules  and  limitations  prescribed  in  the  case  of  a  bill. 

Sect.  VIII.  The  Congress  shall  have  power 

1.  To  lay  and  collect  taxes,  duties,  imposts,  and  excises,  to  pay 
the  debts  and  provide  for  the  common  defence  and  general  welfare 
of  the  United  States ;  but  all  duties,  imposts  and  excises  shall  be 
uniform  throughout  the  United  States ; 

2.  To  borrow  money  on  the  credit  of  the  United  States ; 

3.  To  regulate  commerce  with  foreign  nations,  and  among  the 
several  States,  and  with  the  Indian  tribes ; 

4.  To  establish  an  uniform  rule  of  naturalization,  and  uniform 
laws  on  the  subject  of  bankruptcies  throughout  the  United  States ; 


362  Appendix  A 

5.  To  coin  money,  regulate  the  value  thereof,  and  of  foreign 
coin,  and  fix  the  standard  of  weights  and  measures ; 

6.  To  provide  for  the  punishment  of  counterfeiting  the  securities 
and  current  coin  of  the  United  States ; 

7.  To  establish  post  offices  and  post  roads ; 

8.  To  promote  the  progress  of  science  and  useful  arts  by  secur- 
ing for  limited  times  to  authors  and  inventors  the  exclusive  right 
to  their  respective  writings  and  discoveries ; 

9.  To  constitute  tribunals  inferior  to  the  Supreme  Court ; 

10.  To  define  and  punish  piracies  and  felonies  committed  on  the 
high  seas  and  offences  against  the  law  of  nations ; 

11.  To  declare  war,  grant  letters  of  marque  and  reprisal,  and 
make  rules  concerning  captures  on.  land  and  water  ; 

12.  To  raise  and  support  armies,  but  no  appropriation  of  money 
to  that  use  shall  be  for  a  longer  term  than  two  years  ; 

13.  To  provide  and  maintain  a  navy ; 

14.  To  make  rules  for  the  government  and  regulation  of  the  land 
and  naval  forces ; 

15.  To  provide  for  calling  forth  the  militia  to  execute  the  laws 
of  the  Union,  suppress  insurrections,  and  repel  invasions ; 

16.  To  provide  for  organizing,'  arming  and  disciplining  the  mili- 
tia, and  for  governing  such  part  of  them  as  may  be  employed  in 
the  service  of  the  United  States,  reserving  to  the  States  respective- 
ly the  appointment  of  the  officers,  and  the  authority  of  training  the 
militia  according  to  the  discipline  prescribed  by  Congress ; 

17.  To  exercise  exclusive  legislation  in  all  cases  whatsoever,  over 
such  district  (not  exceeding  ten  miles  square)  as  may,  by  cession  of 
particular  States,  and  the  acceptance  of  Congress,  become  the  seat 
of  government  of  the  United  States,  and  to  exercise  like  authority 
over  all  places  purchased  by  the  consent  of  the  legislature  of  the 
State,  in  which  the  same  shall  be,  for  the  erection  of  forts,  maga- 
zines, arsenals,  dock-yards,  and  other  needful  buildings; — and 

18.  To  make  all  laws  which  shall  be  necessary  and  proper  for 
carrying  into  execution  the  foregoing  powers,  and  all  other  powers 
vested  by  this  Constitution  in  the  government  of  the  United  States, 
or  in  any  department  or  office  thereof. 

Sect.  IX.  1.  The  migration  or  importation  of  such  persons  as 
any  of  the  States  now  existing  shall  think  proper  to  admit  shall  not 
be  prohibited  by  the  Congress  prior  to  the  year  1808;  but  a  tax  or 
duty  may  be  imposed  on  such  importation,  not  exceeding  $10  for 
each  person. 


Constitution  of  the  United  States  of  America     363 

2.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  sus- 
pended, unless  when  in  cases  of  rebellion  or  invasion  the  public 
safety  may  require  it. 

3.  No  bill  of  attainder  or  ex  post  facto  law  shall  be  passed. 

4.  No  capitation,  or  other  direct,  tax  shall  be  laid,  unless  in  pro- 
portion to  the  census  or  enumeration  herein  before  directed  to  be 
taken. 

5.  No  tax  or  duty  shall  be  laid  on  articles  exported  from  any 
State. 

6.  No  preference  shall  be  given  by  any  regulation  of  commerce 
or  revenue  to  the  ports  of  one  State  over  those  of  another :  nor 
shall  vessels  bound  to,  or  from,  one  State,  be  obliged  to  enter, 
clear,  or  pay  duties  in  another. 

7.  No  money  shall  be  drawn  from  the  treasury,  but  in  con- 
sequence of  appropriations  made  by  law ;  and  a  regular  statement 
and  account  of  the  receipts  and  expenditures  of  all  public  money 
shall  be  published  from  time  to  time. 

8.  No  title  of  nobility  shall  be  granted  by  the  United  States :  and 
no  person  holding  any  office  of  profit  or  trust  under  them,  shall, 
without  the  consent  of  the  Congress,  accept  of  any  present,  emolu- 
ment, office,  or  title,  of  any  kind  whatever,  from  any  king,  prince, 
or  foreign  state. 

Sect.  X.  1.  No  State  shall  enter  into  any  treaty,  alliance,  or 
confederation ;  grant  letters  of  marque  and  reprisal ;  coin  money ; 
3mit  bills  of  credit ;  make  anything  but  gold  and  silver  coin  a  ten- 
der in  payment  of  debts ;  pass  any  bill  of  attainder,  ex  post  facto 
law,  or  law  impairing  the  obligation  of  contracts,  or  grant  any  title 
of  nobility. 

2.  No  State  shall,  without  the  consent  of  the  Congress,  lay  any 
imposts  or  duties  on  imports  or  exports,  except  what  may  be  ab- 
solutely necessary  for  executing  its  inspection  laws  :  and  the  net 
produce  of  all  duties  and  imposts,  laid  by  any  State  on  imnorts  or 
exports,  shall  be  for  the  use  of  the  treasury  of  the  United  States ; 
and  all  such  laws  shall  be  subject  to  the  revision  and  control  of 
the  Congress. 

3.  No  State  shall,  without  the  consent  of  Congress,  lay  any  duty 
of  tonnage,  keep  troops,  or  ships  of  war  in  time  of  peace,  enter  into 
any  agreement  or  compact  with  another  State,  or  with  a  foreign 
power,  or  engage  in  war,  unless  actually  invaded,  or  in  such  im- 
minent danger  as  will  not  admit  of  delay. 


364  Appendix  A 


ARTICLE   II. 

Section  I.  1.  The  executive  power  shall  be  vested  in  a  President 
of  the  United  States  of  America.  He  shall  hold  his  office  during  the 
term  of  four  years,  and  together  with  the  Vice-President,  chosen 
for  the  same  term,  be  elected  as  follows  : 

2.  Each  State  shall  appoint,  in  such  manner  as  the  legislature 
thereof  may  direct,  a  number  of  electors,  equal  to  the  whole  num- 
ber of  Senators  and  Representatives  to  which  the  State  may  be  en- 
titled in  the  Congress ;  but  no  Senator  or  Representative,  or  per- 
son holding  an  office  of  trust  or  profit  under  the  United  States, 
shall  be  appointed  an  elector. 

[The  electors  shall  meet  in  their  respective  States,  and  vote  by 
ballot  for  two  persons,  of  whom  one  at  least  shall  not  be  an  in- 
habitant of  the  same  State  with  themselves.  And  they  shall  make 
a  list  of  all  the  persons  voted  for,  and  of  the  number  of  votes  for 
each ;  which  list  they  shall  sign  and  certify,  and  transmit  sealed  to 
the  seat  of  government  of  the  United  States,  directed  to  the  Presi- 
dent of  the  Senate.  The  President  of  the  Senate  shall,  in  the 
presence  of  the  Senate  and  House  of  Representatives,  open  all  the 
certificates,  and  the  votes  shall  then  be  counted.  The  person  hav- 
ing the  greatest  number  of  votes  shall  be  the  President,  if  such 
number  be  a  majority  of  the  whole  number  of  electors  appointed ; 
and  if  there  be  more  than  one  who  have  such  majority,  and  have 
an  equal  number  of  votes,  then  the  House  of  Representatives  shall 
immediately  choose  by  ballot  one  of  them  for  President ;  and  if  no 
person  have  a  majority,  then  from  the  five  highest  on  the  list  the 
said  house  shall  in  like  manner  choose  the  President.  But  in 
choosing  the  President  the  votes  shall  be  taken  by  States,  the  rep- 
resentation from  each  State  having  one  vote ;  a  quorum  for  this 
purpose  shall  consist  of  a  member  or  members  from  two  thirds  of 
the  States,  and  a  majority  of  all  the  States  shall  be  necessary  to  a 
choice.  In  every  case,  after  the  choice  of  the  President,  the  person 
having  the  greatest  number  of  votes  of  the  electors  shall  be  the 
Vice-President.  But  if  there  should  remain  two  or  more  who  have 
equal  votes,  the  Senate  shall  choose  from  them  by  ballot  the  Vice- 
President.  ] 

3.  The  Congress  may  determine  the  time  of  choosing  the  electors, 
and  the  day  on  which  they  shall  give  their  votes ;  which  day  shall 
be  the  same  throughout  the  United  States. 

4.  No  person  except  a  natural  born  citizen,  or  a  citizen  of  the 


Constitidion  of  the  United  States  of  America     365 

United  States,  at  the  time  of  the  adoption  of  this  Constitution,  shall 
be  eligible  to  the  office  of  President  ;  neither  shall  any  person  be 
eligible  to  that  office  who  shall  not  have  attained  to  the  age  of 
thirty-five  years,  and  been  fourteen  years  a  resident  within  the 
United  States. 

5.  In  case  of  the  removal  of  the  President  from  office  or  of  hia 
death,  resignation,  or  inability  to  discharge  the  powers  and  duties 
of  the  said  office,  the  same  shall  devolve  on  the  Vice-President,  and 
the  Congress  may  by  law  provide  for  the  case  of  removal,  death, 
resignation,  or  inability,  both  of  the  President  and  Vice-President, 
declaring  what  officer  shall  then  act  as  President,  and  such  officer 
shall  act  accordingly,  until  the  disability  be  removed,  or  a  Presi- 
dent shall  be  elected. 

6  The  President  shall,  at  stated  times,  receive  for  his  services, 
a  compensation,  which  shall  neither  be  increased  nor  diminished 
during  the  period  for  which  he  shall  have  been  elected,  and  he  shall 
not  receive  within  that  period  any  other  emolument  from  the  United 
States,  or  any  of  them. 

7.  Before  he  enter  on  the  execution  of  his  office,  he  shall  take 
the  following  oath  or  affirmation : — "  I  do  solemnly  swear  (or  af- 
firm) that  I  will  faithfully  execute  the  office  of  President  of  the 
United  States,  and  will  to  the  best  of  my  ability,  preserve,  protect 
and  defend  the  Constitution  of  the  United  States." 

Sect.  II.  1.  The  President  shall  be  commander  in  chief  of  the 
army  and  navy  of  the  United  States,  and  of  the  militia  of  the 
several  States,  when  called  into  the  actual  service  of  the  United 
States  ;  he  may  require  the  opinion,  in  writing,  of  the  principal 
officer  in  each  of  the  executive  departments,  upon  any  subject  re- 
lating to  the  duties  of  their  respective  offices,  and  he  shall  have 
power  to  grant  reprieves  and  pardons  for  offences  against  the  United 
States,  except  in  cases  of  impeachment. 

2.  He  shall  have  power,  by  and  with  the  advice  and  consent  of 
the  Senate,  to  make  treaties,  provided  two  thirds  of  the  Senators 
present  concur;  and  he  shall  nominate,  and  by  and  with  the  advice 
and  consent  of  the  Senate,  shall  appoint  ambassadors,  other  public 
ministers  and  consuls,  judges  of  the  Supreme  Court,  and  all  other 
officers  of  the  United  States,  whose  appointments  are  not  herein 
otherwise  provided  for,  and  which  shall  be  established  by  law  :  but 
the  Congress  may  by  law  vest  the  appointment  of  such  inferior 
officers,  as  they  think  proper,  in  the  President  alone,  in  the  courts  of 
law,  or  in  the  heads  of  departments. 


366  Appendix  A 

3.  The  President  shall  have  power  to  fill  up  all  vacancies  that 
may  happen  during  the  recess  of  the  Senate,  by  granting  commis- 
sions which  shall  expire  at  the  end  of  their  next  session. 

Sect.  III.  He  shall  from  time  to  time  give  to  the  Congress  in- 
formation of  the  state  of  the  Union,  and  recommend  to  their  con- 
sideration such  measures  as  he  shall  judge  necessary  and  expedient ; 
he  may,  on  extraordinary  occasions,  convene  both  houses,  or  either 
of  them,  and  in  case  of  disagreement  between  them,  with  respect 
to  the  time  of  adjournment,  he  may  adjourn  them  to  such  time  as 
he  shall  think  proper ;  he  shall  receive  ambassadors  and  other  pub- 
lic ministers ;  he  shall  take  care  that  the  laws  be  faithfully  exe- 
cuted, and  shall  commission  all  the  officers  of  the  United  States. 

Sect.  IV.  The  President,  Vice-President  and  all  civil  officers 
of  the  United  States,  shall  be  removed  from  office  on  impeachment 
for,  and  conviction  of,  treason,  bribery,  or  other  high  crimes  and 
misdemeanors. 


ARTICLE  III. 

Section  I.  1.  The  judicial  power  of  the  United  States,  shall  be 
vested  in  one  Supreme  Court,  and  in  such  inferior  courts  as  Con- 
gress may  from  time  to  time  ordain  and  establish.  The  judges, 
both  of  the  Supreme  and  inferior  courts,  shall  hold  their  offices 
during  good  behavior,  and  shall,  at  stated  times,  receive  for  their 
services,  a  compensation,  which  shall  not  be  diminished  during  their 
continuance  in  office. 

Sect.  II.  1.  The  judicial  power  shall  extend  to  all  cases,  in  law 
and  equity,  arising  under  this  Constitution,  the  laws  of  the  United 
States,  and  treaties  made  or  which  shall  be  made,  under  their  au- 
thority ;  —  to  all  cases  affecting  ambassadors,  other  public  minis- 
ters and  consuls;  — to  all  cases  of  admiralty  jurisdiction;  — to 
controversies  to  which  the  United  States  shall  be  a  party ;  —  to 
controversies  between  two  or  more  States ;  —  between  a  State  and 
citizens  of  another  State ;  —  between  citizens  of  different  States ; 
—  between  citizens  of  the  same  State  claiming  lands  under  grants 
of  different  States,  and  between  a  State,  or  the  citizens  thereof, 
and  foreign  states,  citizens  or  subjects. 

2.  In  all  cases  affecting  ambassadors,  other  public  ministers  and 
consuls,  and  those  in  which  a  State  shall  be  a  party,  the  Supreme 
Court  shall  have  original  jurisdiction.  In  all  the  other  cases  before 
mentioned,  the  Supreme  Court  shall  have  appellate  jurisdiction, 


Constitution  of  the  United  States  of  America     367 

both  as  to  law  and  fact,  with  such  exceptions,  and  under  such  reg- 
ulations as  the  Congress  shall  make. 

3.  The  trial  of  all  crimes,  except  m  cases  of  impeachment,  shall 
be  by  jury ;  and  such  trial  shall  be  held  in  the  State  where  the  said 
crimes  shall  have  been  committed ;  but  when  not  committed  with- 
in any  State,  the  trial  shall  be  at  such  place  or  places  as  the  Con- 
gress may  by  law  have  directed. 

Sect.  III.  1.  Treason  against  the  United  States  shall  consist  only 
in  levying  war  against  them,  or  in  adhering  to  their  enemies,  giving 
them  aid  and  comfort.  No  person  shall  be  convicted  of  treason 
unless  on  the  testimony  of  two  witnesses  to  the  same  overt  act,  or 
on  confession  in  open  court. 

2.  The  Congress  shall  have  power  to  declare  the  punishment  of 
treason,  but  no  attainder  of  treason  shall  work  corruption  of  blood, 
or  forfeiture  except  during  the  life  of  the  person  attainted. 


ARTICLE   IV. 

Section  I.  Full  faith  and  credit  shall  be  given  in  each  State  to 
the  public  acts,  records,  and  judicial  proceedings  of  every  other 
State.  And  the  Congress  may  by  general  laws  prescribe  the  man- 
ner in  which  such  acts,  records,  and  proceedings  shall  be  proved, 
and  the  effect  thereof. 

Sect.  II.  1.  The  citizens  of  each  State  shall  be  entitled  to  all 
privileges  and  immunities  of  citizens  in  the  several  States. 

2.  A  person  charged  in  any  State  with  treason,  felony,  or  other 
crime,  who  shall  flee  from  justice,  and  be  found  in  another  State, 
shall  on  demand  of  the  executive  authority  of  the  State  from 
which  he  fled,  be  delivered  up,  to  be  removed  to  the  State  having 
jurisdiction  of  the  crime. 

3.  No  person  held  to  service  or  labor  in  one  State,  under  the 
laws  thereof,  escaping  into  another,  shall,  in  consequence  of  any 
law  or  regulation  therein,  be  discharged  from  such  service  or  labor, 
but  shall  be  delivered  up  on  claim  of  the  party  to  whom  such  ser- 
vice or  labor  may  be  due. 

Sect.  III.  1.  New  States  may  be  admitted  by  the  Congress  into 
this  Union  ;  but  no  new  State  shall  be  formed  or  erected  within 
the  jurisdiction  of  any  other  State  ;  nor  any  State  be  formed  by 
the  junction  of  two  or  more  States,  or  parts  of  States,  without  the 
consent  of  the  legislatures  of  the  States  concerned  as  well  as  of 
the  Congress. 


368  Appendix  A 

2.  The  Congress  shall  have  power  to  dispose  of  and  make  all 
needful  rules  and  regulations  respecting  the  territory  or  other 
property  belonging  to  the  United  States ;  and  nothing  in  this  Con- 
stitution shall  be  so  construed  as  to  prejudice  any  claims  of  the 
United  States,  or  of  any  particular  State. 

Sect.  IV.  The  United  States  shall  guarantee  to  every  State  in 
this  Union  a  republican  form  of  government,  and  shall  protect 
each  of  them  against  invasion ;  and  on  application  of  the  legislature, 
or  of  the  executive  (when  the  legislature  cannot  be  convened) 
against  domestic  violence. 


ARTICLE   V. 

The  Congress,  whenever  two  thirds  of  both  houses  shall  deem 
it  necessary,  shall  propose  amendments  to  this  Constitution,  or, 
on  the  application  of  the  legislatures  of  two  thirds  of  the  several 
States,  shall  call  a  convention  for  proposing  amendments,  which, 
in  either  case  shall  be  valid  to  all  intents  and  purposes,  as  part  of 
this  Constitution,  when  ratified  by  the  legislatures  of  three  fourths 
of  the  several  States,  or  by  conventions  in  three  fourths  thereof, 
as  the  one  or  the  other  mode  of  ratification  may  be  proposed  by 
the  Congress;  provided  that  no  amendments  which  may  be  made 
prior  to  the  year  one  thousand  eight  hundred  and  eight  shall  in  any 
manner  affect  the  first  and  fourth  clauses  in  the  ninth  section  of 
the  first  article;  and  that  no  State,  without  its  consent,  shall  be 
deprived  of  its  equal  suffrage  in  the  Senate. 


ARTICLE   VI 

1.  All  debts  contracted  and  engagements  entered  into,  before  the 
adoption  of  this  Constitution,  shall  be  as  valid  against  the  United 
States  under  this  Constitution,  as  under  the  Confederation. 

2.  This  Constitution,  and  the  laws  of  the  United  States  which 
shall  be  made  in  pursuance  thereof ;  and  all  treaties  made,  or  which 
shall  be  made,  under  the  authority  of  the  United  States,  shall  be 
the  supreme  law  of  the  land;  and  the  judges  in  every  State  shall 
be  bound  thereby,  anything  in  the  Constitution  or  laws  of  any 
State  to  the  contrary  notwithstanding. 

3.  The  Senators  and  Representatives  before  mentioned,  and 
the  members  of  the  several  State  legislatures,  and  all  executive 
and  judicial  officers,  both  of  the  United  States  and  of  the  several 


Constitution  of  the  United  States  of  America     369 

States,  shall  be  bound  by  oath  or  affirmation,  to  support  this  Con- 
stitution; but  no  religious  test  shall  ever  be  required  as  a  qualifi- 
cation to  any  office  or  public  trust  under  the  United  States. 


ARTICLE  VII. 

The  ratification  of  the  conventions  of  nine  States,  shall  be  suf- 
ficient for  the  establishment  of  this  Constitution  between  the  States 
so  ratifying  the  same. 

Done  in  Convention  by  the  unanimous  consent  of  the  States  pres- 
ent, the  seventeenth  day  of  September  in  the  year  of  our  Lord 
one  thousand  seven  hundred  and  eighty-seven  and  of  the  Inde- 
pendence of  the  United  States  of  America  the  twelfth.  In  wit- 
ness whereof  we  have  hereunto  subscribed  our  names. 


[Signe4  byj 

New  Hampshire. 
John  Langdon, 
Nicholas  Gilman. 

Massachusetts. 
Nathaniel  Gorhara, 
Rufus  King. 

Connecticut. 
Wm.  Saml.  Johnson, 
Roger  Sherman. 

New  York. 
Alexander  Hamilton 

New  Jersey. 
Wil :  Livingston, 
David  Brearley, 
Wm  :  Paterson, 
Jona :  Dayton. 


G"*  Washington, 


Fresidt  and  Deputy  from  Virginia. 
Pennsylvania.  .        Virginia. 

John  Blair, 
James  Madison,  Jr. 

North  Carolina. 
Wm.  Blount, 
Richd.  Dobbs  Spaight, 
Hu  Williamson. 

South  Carolina. 
J.  Rutledge, 
Charles  Cotesworth 

Pinckney, 
Charles  Pinckney, 
Pierce  Butler. 

Georgia. 
William  Fen, 
Abr  Baldwin. 


B  Franklin, 
Thomas  Mifflin, 
Robt.  Morris, 
Geo.  Clymer, 
Tho.  Fitz  Simons, 
Jared  Ingersoll, 
James  Wilson, 
Gouv  Morris. 

Delaware. 
Geo  :  Read, 
Gunning  Bedford, 

Jun, 
John  Dickinson, 
Richard  Bassett, 
Jaco :  Broom. 

Maryland. 
James  McHenry, 
Dan  of  St.  Thos. 

Jenifer, 
Danl  Carroll. 

Attest :  William  Jackson,  Secretary. 


370  Appendix  A 

Articles  in  Addition  to  and  Amendment  of  the  Constitution 
OF  THE  United  States  of  America,  Proposed  by  Congress, 
AND  Ratified  by  the  Legislatures  of  the  Several  States, 
Pursuant  to  the  Fifth  Article  of  the  Original  Consti- 
tution. 

Article  I. — Congress  shall  make  no  law  respecting  an  establish- 
ment of  religion,  or  prohibiting  the  free  exercise  thereof  ;  or 
abridging  the  freedom  of  speech,  or  of  the  press  ;  or  the  right  of 
the  people  peaceably  to  assemble,  and  to  petition  the  government 
for  a  redress  of  grievances. 

Article  II. — A  well-regulated  militia,  being  necessary  to  the  se- 
curity of  a  free  State,  the  right  of  the  people  to  keep  and  bear 
arms,  shall  not  be  infringed. 

Article  III. — No  soldier  shall,  in  time  of  peace  be  quartered  in 
any  house  without  the  consent  of  the  owner,  nor  in  time  of  war, 
but  in  a  manner  to  be  prescribed  by  Jaw. 

Article  IV. — The  right  of  the  people  to  be  secure  in  their  per- 
sons, houses,  papers,  and  effects,  against  unreasonable  searches  and 
seizures,  shall  not  be  violated,  and  no  warrants  shall  issue  but  upon 
probable  cause,  supported  by  oath  or  affirmation,  and  particularly 
describing  the  place  to  be  searched,  and  the  persons  or  things  to 
be  seized. 

Article  V. — No  person  shall  be  held  to  answer  for  a  capital,  or 
otherwise  infamous  crime,  unless  on  a  presentment  or  indictment  of 
a  grand  jury  except  in  cases  arising  in  the  land  or  naval  forces,  or 
in  the  militia,  when  in  actual  service  in  time  of  war  or  public  dan- 
ger ;  nor  shall  any  person  be  subject  for  the  same  offence  to  be 
twice  put  in  jeopardy  of  life  or  limb  ;  nor  shall  be  compelled  in 
any  criminal  case  to  be  a  witness  against  himself,  nor  be  deprived 
of  life,  liberty,  or  property,  without  due  process  of  law  ;  nor 
shall  private  property  be  taken  for  public  use  without  just  compen- 
sation. 

Article  VI. — In  all  criminal  prosecutions  the  accused  shall  en- 
joy the  right  to  a  speedy  and  public  trial,  by  an  impartial  jury  of 
the  State  and  district  wherein  the  crime  shall  have  been  committed, 
which  district  shall  have  been  previously  ascertained  by  law,  and  to 
be  informed  of  the  nature  and  cause  of  the  accusation  ;  to  be  con- 
fronted with  the  witnesses  against  him  ;  to  have  compulsory  process 
for  obtaining  witnesses  in  his  favor,  and  to  have  the  assistance  of 
counsel  for  his  defence. 


Constitution  of  the   United  States  of  America     371 

Article  VII. — In  suits  at  common  law,  where  the  value  in  contro- 
versy shall  exceed  twenty  dollars,  the  right  of  trial  by  jury  shall  be 
preserved,  and  no  fact  tried  by  a  jury  shall  be  otherwise  re-exam- 
ined in  any  court  of  the  United  States,  than  according  to  the  rules 
of  the  common  law. 

Article  VIII. — Excessive  bail  shall  not  be  required,  nor  exces- 
sive fines  imposed,  nor  cruel  and  unusual  punishments  inflicted. 

Article  IX. — The  enumeration  in  the  Constitution,  of  certain 
rights,  shall  not  be  construed  to  deny  or  disparage  others  retained 
by  the  people. 

Article  X. — The  powers  not  delegated  to  the  United  States  by 
the  Constitution,  nor  prohibited  by  it  to  the  States,  are  reserved  to 
the  States  respectively,  or  to  the  people. 

Article  XI. — The  judicial  power  of  the  United  States  shall  not 
|be  construed  to  extend  to  any  suit  in  law  or  equity,  commenced  or 
prosecuted  against  one  of  the  United  States  by  citizens  of  another 
State,  or  by  citizens  or  subjects  of  any  foreign  state. 

Article  XII. — 1.  The  electors  shall  meet  in  their  respective 
States,  and  vote  by  ballot  for  President  and  Vice-President,  one  of 
whom,  at  least,  shall  not  be  an  inhabitant  of  the  same  State  with 
themselves ;  *hey  shall  name  in  their  ballots  the  person  voted  for 
as  President,  and  in  distinct  ballots  the  person  voted  for  as  Vice- 
President,  and  they  shall  make  distinct  lists  of  all  persons  voted  for 
as  President,  and  of  all  persons  voted  for  as  Vice-President,  and  of 
the  number  of  votes  for  each,  which  lists  they  shall  sign  and  cer- 
tify, and  transmit  sealed  to  the  seat  of  government  of  the  United 
States,  directed  to  the  President  of  the  Senate ;  —  the  President 
of  the  Senate  shall,  in  the  presence  of  the  Senate  and  House  of 
Representatives,  open  all  the  certificates  and  the  votes  shall  then 
be  counted ;  —  the  person  having  the  greatest  number  of  votes 
for  President  shall  be  the  President,  if  such  number  be  a  majority 
of  the  whole  number  of  electors  appointed  ;  and  if  no  person  have 
such  majority,  then  from  the  persons  having  the  highest  numbers 
not  exceeding  three  on  the  list  of  those  voted  for  as  President,  the 
House  of  Representatives  shall  choose  immediately,  by  ballot,  the 
President.  But  in  choosing  the  President,  the  votes  shall  be  taken 
by  States,  the  representation  from  each  State  having  one  vote ;  a 
quorum  for  this  purpose  shall  consist  of  a  member  or  members 
from  two  thirds  of  the  States,  and  a  majority  of  all  the  States  shall 
be  necessary  to  a  choice.  And  if  the  House  of  Representatives 
shall  not  choose  a  President  whenever  the  right  of  choice  shall  de- 


372  Appendix  A 

volve  upon  them,  before  the  fourth  day  of  March  next  following, 
then  the  Vice-President  shall  act  as  President,  as  in  the  case  of  the 
death  or  other  constitutional  disability  of  the  President.  —  The 
person  having  the  greatest  number  of  votes  as  Vice-President,  shall 
be  the  Vice-President,  if  such  number  be  a  majority  of  the  whole 
number  of  electors  appointed,  and  if  no  person  have  a  majority, 
then  from  the  two  highest  numbers  on  the  list,  the  Senate  shall 
choose  the  Vice-President ;  a  quorum  for  the  purpose  shall  consist 
of  two  thirds  of  the  whole  number  of  Senators,  and  a  majority  of 
the  whole  number  shall  be  necessary  to  a  choice.  But  no  person 
constitutionally  ineligible  to  the  office  of  President  shall  be  eligible 
to  that  of  Vice-President  of  the  United  States. 

Article  XIII.— Section  1.  Neither  slavery  nor  involuntary  ser- 
vitude, except  as  a  punishment  for  crime  whereof  the  party  shall 
have  been  duly  convicted,  shall  exist  within  the  United  States,  or 
any  place  subject  to  their  jurisdiction. 

Section  2.  Congress  shall  have  power  to  enforce  this  article  by 
appropriate  legislation. 

Article  XIV. — Section  1.  All  persons  born  or  naturalized  in 
the  United  States,  and  subject  to  the  jurisdiction  thereof,  are  citi- 
zens of  the  United  States  and  of  the  State  wherein  they  reside.  No 
State  shall  make  or  enforce  any  law  which  shall  abridge  the  privi- 
leges or  immunities  of  citizens  of  the  United  States ;  nor  shall  any 
State  deprive  any  person  of  life,  liberty,  or  property,  without  due 
process  of  law;  nor  deny  to  any  person  within  its  jurisdiction  the 
equal  protection  of  the  laws. 

Section  2.  Representatives  shall  be  apportioned  among  the  several 
States  according  to  their  respective  numbers,  counting  the  whole 
number  of  persons  in  each  State,  excluding  Indians  not  taxed.  But 
when  the  right  to  vote  at  any  election  for  the  choice  of  Electors  for 
President  and  Vice-President  of  the  United  States,  Representatives 
in  Congress,  the  executive  and  judicial  officers  of  a  State,  or  the 
members  of  the  legislature  thereof,  is  denied  to  any  of  the  male  in- 
habitants of  such  State,  being  twenty-one  years  of  age  and  citizens 
of  the  United  States,  or  in  any  way  abridged,  except  for  participation 
in  rebellion,  or  other  crime,  the  basis  of  representation  therein  shall 
be  reduced  in  the  proportion  which  the  number  of  such  male  citi- 
zens shall  bear  to  the  whole  number  of  male  citizens  twenty-one 
years  of  age  in  such  State. 

Section  3.  No  person  shall  be  a  Senator  or  Representative  in 
Congress,  or  Elector  of  President  and  Vice-President,  or  hold  any 


Constitution  of  the  United  States  of  America     373 

office,  civil  or  military,  under  the  United  States,  or  under  any  State, 
who,  having  previously  taken  an  oath,  as  a  member  of  Congress,  or 
as  an  officer  of  the  United  States,  or  as  a  member  of  any  State  legis- 
lature, or  as  an  executive  or  judicial  officer  of  any  State,  to  support 
the  Constitution  of  the  United  States,  shall  have  engaged  in  insur- 
rection or  rebellion  against  the  same,  or  given  aid  or  comfort  to  the 
enemies  thereof.  But  Congress  may  by  a  vote  of  two  thirds  of  each 
house,  remove  such  disability. 

Section  4.  The  validity  of  the  public  debt  of  the  United  States, 
authorized  by  law,  including  debts  incurred  for  payment  of  pen- 
sions and  bounties  for  services  in  suppressing  insurrection  or  re- 
bellion, shall  not  be  questioned.  But  neither  the  United  States  nor 
any  State  shall  assume  or  pay  any  debt  or  obligation  incurred  in  aid 
of  insurrection  or  rebellion  against  the  United  States,  or  any  claim 
for  the  loss  or  emancipation  of  any  slave ;  but  all  such  debts,  ob- 
ligations, and  claims  shall  be  held  illegal  and  void. 

Section  5.  The  Congress  shall  have  power  to  enforce  by  appropri- 
ate legislation  the  provisions  of  this  article. 

Article  XV, — Section  1.  The  right  of  citizens  of  the  United 
States  to  vote  shall  not  be  denied  or  abridged  by  the  United  States 
or  any  State  on  account  of  race,  color,  or  previous  condition  of 
servitude. 

Section  2.  The  Congress  shall  have  power  to  enforce  this  article 
by  appropriate  legislation. 


APPENDIX  AA 

AETIOLES  OF  CONFEDEEATION 

Articles  of  Confederation  and  Perpetual  Union  between  the  States  of 
New  Hainpshire,  Massachusetts  Bay^  Rhode  Island  and  Providence 
Plantations,  Connecticut^  New  York,,  New  Jersey,  Pennsylvania, 
Delaware,  Maryland,  Virginia,  North  Carolina,  South  Carolina, 
and  Georgia. 

Article  I. — The  style  of  this  Confederacy  shall  be,  "  The 
United  States  of  America. " 

Art.  II.  -Each  State  retains  its  sovereignty,  freedom,  and  in- 
dependence, and  every  power,  jurisdiction,  and  right,  whicli  is  not 
by  this  Confederation  expressly  delegated  to  the  United  States  in 
Congress  assembled. 

Art.  III. — The  said  States  hereby  severally  enter  into  a  firm 
league  of  friendship  with  each  other,  for  their  common  defense, 
the  security  of  their  liberties,  and  their  mutual  and  general  wel- 
fare, binding  tliemselves  to  assist  each  other  against  all  force  of- 
fered to,  or  attacks  made  upon  them,  or  any  of  them,  on  account  of 
religion,  sovereignty,  trade,  or  any  other  pretense  whatever. 

Art.  IV. — The  better  to  secure  and  perpetuate  mutual  friend- 
ship and  intercourse  among  the  people  of  the  different  States  in 
this  Union,  tlie  free  inhabitants  of  each  of  these  States,  paupers, 
vagabonds,  and  fugitives  from  justice  excepted,  shall  be  entitled  to 
all  privileges  and  immunities  of  free  citizens  in  the  several  States ; 
and  the  people  of  each  State  shall  have  free  ingress  and  egress  to 
and  from  any  other  State,  and  shall  enjoy  therein  all  the  privileges 
of  trade  and  commerce  subject  to  the  same  duties,  impositions, 
and  restrictions  as  the  inhabitants  thereof  respectively ;  provided 
that  such  restrictions  shall  not  extend  so  far  as  to  prevent  the  re- 
moval of  property  imported  into  any  State  to  any  other  State  of 
which  tlie  owner  is  an  inhabitant ;  provided  also,  that  no  imposition, 
duties,  or  restriction  shall  be  laid  by  any  State  on  the  property  of 

374 


Articles  of  Confederation  375 

the  United  States  or  cither  of  them.  If  any  person  guilty  of,  or 
charged  with,  treason,  felony,  or  other  high  misdemeanor  in  any 
State  shall  flee  from  justice  and  be  found  in  any  of  the  United 
States,  he  shall,  upon  demand  of  the  governor  or  executive  power 
of  the  State  from  which  he  fled,  be  delivered  up  and  removed  to 
the  State  having  jurisdiction  of  his  offense.  Full  faith  and  credit 
shall  be  given  in  each  of  these  States  to  the  records,  acts,  and 
judicial  proceedings  of  the  courts  and  magistrates  of  every  other 
State. 

Art.  V. — For  the  more  convenient  management  of  the  general 
interests  of  the  United  States,  delegates  shall  be  annually  appointed 
in  such  manner  as  the  Legislature  of  each  State  shall  direct,  to 
meet  in  Congress  on  the  first  Monday  in  November,  in  every  year 
with  a  power  reserved  to  each  State  to  recall  its  delegates,  or  any 
of  them,  at  any  time  within  the  year,  and  to  send  others  in  their 
stead  for  the  remainder  of  the  year.  No  State  shall  be  repre- 
sented in  Congress  by  less  than  two,  nor  by  more  than  seven  mem- 
bers ;  and  no  person  shall  be  capable  of  being  a  delegate  for  more 
than  three  years  in  any  term  of  six  years ;  nor  shall  any  person, 
being  a  delegate,  be  capable  of  holding  any  office  under  the 
United  States  for  which  he,  or  another  for  his  benefit,  receives 
any  salary,  fees,  or  emolument  of  any  kind.  Each  State  shall 
maintain  its  own  delegates  in  any  meeting  of  the  States  and  while 
they  act  as  members  of  the  Committee  of  the  States.  In  deter- 
mining questions  in  the  United  States  in  Congress  assembled,  each 
State  shall  have  one  vote.  Freedom  of  speech  and  debate  in  Con- 
gress shall  not  be  impeached  or  questioned  in  any  court  or  place  out 
of  Congress ;  and  the  members  of  Congress  shall  be  protected  in 
their  persons  from  arrests  and  imprisonment  during  the  time  of 
their  going  to  and  from,  and  attendance  on.  Congress,  except  for 
treason,  felony,  or  breach  of  the  peace. 

Art.  VI. — No  State,  without  the  consent  of  the  United  States, 
in  Congress  assembled,  shall  send  any  embassy  to,  or  receive  any 
embassy  from,  or  enter  into  any  conference,  agreement,  alliance, 
or  treaty  with  any  king,  prince,  or  state ;  nor  shall  any  person 
holding  any  office  of  profit  or  trust  under  the  United  States,  or  any 
of  them,  accept  of  any  present,  emolument,  office,  or  title  of  any 
kind  wliatever  from  any  king,  prince,  or  foreign  state;  nor  shall  the 
United  States,  in  Congress  assembled,  or  any  of  them,  grant  any 
title  of  nobility. 


376  Appendix  AA 

No  two  or  more  States  shall  enter  into  any  treaty,  confederatioil, 
or  alliance  whatever  between  them,  without  the  consent  of  the 
United  States,  in  Congress  assembled,  specifying  accurately  the 
purposes  for  which  the  same  is  to  be  entered  into,  and  how  long  it 
shall  continue. 

No  State  shall  lay  any  imposts  or  duties  which  may  interfere 
with  any  stipulations  in  treaties  entered  into  by  the  United  States, 
in  Congress  assembled,  with  any  king,  prince,  or  state,  in  pursu- 
ance of  any  treaties  already  proposed  by  Congress  to  the  courts  of 
France  and  Spain. 

No  vessels  of  war  shall  be  kept  up  in  time  of  peace  by  any 
State,  except  such  number  only  as  shall  be  deemed  necessary  by 
the  United  States,  in  Congress  assembled,  for  the  defense  of  such 
State  or  its  trade,  nor  shall  any  body  of  forces  be  kept  up  by  any 
State  in  time  of  peace,  except  such  number  only  as,  in  the  judg- 
ment of  the  United  States,  in  Congress  assembled,  shall  be  deemed 
requisite  to  garrison  the  forts  necessary  for  the  defense  of  such 
State ;  but  every  State  shall  always  keep  up  a  well-regulated  and 
disciplined  militia,  sufficiently  armed  and  accoutred,  and  shall 
provide  and  constantly  have  ready  for  use  in  public  stores  a  due 
number  of  field-pieces  and  tents,  and  a  proper  quantity  of  arms, 
ammunition,  and  camp  equipage. 

No  State  shall  engage  in  any  war  without  the  consent  of  the 
United  States,  in  Congress  assembled,  unless  such  State  be  actually 
invaded  by  enemies,  or  shall  have  received  certain  advice  of  a 
resolution  being  formed  by  some  nation  of  Indians  to  invade  such 
State,  and  the  danger  is  so  imminent  as  not  to  admit  of  a  delay  till 
the  United  States,  in  Congress  assembled,  can  be  consulted ;  nor 
shall  any  State  grant  commissions  to  any  ships  or  vessels  of  war, 
nor  letters  of  marque  or  reprisal,  except  it  be  after  a  declaration  of 
war  by  the  United  States,  in  Congress  assembled,  and  then  only 
against  the  kingdom  or  state,  and  the  subjects  thereof,  against 
which  war  has  been  so  declared,  and  under  such  regulations  as  shall 
be  established  by  the  United  States,  in  Congress  assembled,  unless 
such  State  be  infested  by  pirates,  in  which  case  vessels  of  war 
may  be  fitted  out  for  that  occasion,  and  kept  so  long  as  the  danger 
chall  continue,  or  until  the  United  States,  in  Congress  assembled, 
shall  determine  otherwise. 

Art.  VII. — When  land  forces  are  raised  by  any  State  for  the 
common  defense,  all  officers  of  or  under  the  rank  of  Colonel  shall 


Articles  of  Confederation  377 

be  appointed  by  the  Legislature  of  each  State  respectively  by  whom 
such  forces  shall  be  raised,  or  in  such  manner  as  such  State  shall 
direct,  and  all  vacancies  shall  be  filled  up  by  the  State  which  first 
made  the  appointment. 

Art.  VIII. — All  charges  of  war,  and  all  other  expenses  that 
shall  be  incurred  for  the  common  defense,  or  general  welfare,  and 
allowed  by  the  United  States,  in  Congress  assembled,  shall  be 
defrayed  out  of  a  common  treasury,  which  shall  be  supplied  by 
the  several  States  in  proportion  to  the  value  of  all  land  Avithin 
each  State,  granted  to,  or  surveyed  for,  any  person,  as  such  land 
and  the  buildings  and  improvements  thereon  shall  be  estimated, 
according  to  sucli  mode  as  the  United  States,  in  Congress  as- 
sembled, shall,  from  time  to  time,  direct  and  appoint.  The  taxes 
for  paying  that  proportion  shall  be  laid  and  levied  by  the  authority 
and  direction  of  the  Legislatures  of  the  several  States,  within  the 
time  agreed  upon  by  the  United  States,  in  Congress  assembled. 

Art.  IX. — The  United  States,  in  Congress  assembled,  shall  have 
the  sole  and  exclusive  right  and  power  of  determining  on  peace 
and  war,  except  in  the  cases  mentioned  in  the  sixth  Article ;  of  send- 
ing and  receiving  ambassadors ;  entering  into  treaties  and  alliances, 
provided  that  no  treaty  of  commerce  shall  be  made,  whereby  the  leg- 
islative power  of  the  respective  States  shall  be  restrained  from  im- 
posing such  imposts  and  duties  on  foreigners  as  their  own  people  are 
subjected  to,  or  from  prohibiting  the  exportation  or  importation  of 
any  species  of  goods  or  commodities  whatever;  of  establishing 
rules  for  deciding,  in  all  cases,  what  captures  on  land  and  water 
shall  be  legal,  and  in  what  manner  prizes  taken  by  land  or  naval 
forces  in  the  service  of  the  United  States  shall  be  divided  or 
appropriated ;  of  granting  letters  of  marque  and  reprisal  in  times  of 
peace ;  appointing  courts  for  the  trial  of  piracies  and  felonies  com- 
mitted on  the  high  seas ;  and  establishing  courts  for  receiving  and 
determining  finally  appeals  in  all  cases  of  captures ;  provided  that 
no  member  of  Congress  shall  be  appointed  a  judge  of  any  of  the 
said  courts. 

The  United  States,  in  Congress  assembled,  shall  also  be  the  last 
resort  on  appeal  in  all  disputes  and  differences  now  subsisting,  or 
that  hereafter  may  arise  between  two  or  more  States  concerning 
boundary,  jurisdiction,  or  any  other  cause  whatever;  which  author- 
ity shall  always  be  exercised  in  the  manner  following :  Whenever 
the  legislative  or  executive  authority,  or  lawful  agent  of  any  State 


378  Appendix  A  A 

in  controversy  with  another,  shall  present  a  petition  to  Congress, 
stating  the  matter  in  question,  and  praying  for  a  hearing,  notice 
thereof  shall  be  given  by  order  of  Congress  to  the  legislative  or 
executive  authority  of  the  other  State  in  controversy,  and  a  day 
assigned  for  the  appearance  of  the  parties  by  their  lawful  agents, 
who  shall  then  be  directed  to  appoint,  by  joint  consent,  commis- 
sioners or  judges  to  constitute  a  court  for  liearing  and  determining 
the  matter  in  question;  but  if  they  cannot  agree.  Congress  shall 
name  three  persons  out  of  each  of  the  United  States,  and  from  the 
list  of  such  persons  each  party  shall  alternately  strike  out  one,  the 
petitioners  beginning,  until  the  number  shall  be  reduced  to  thir- 
teen ;  and  from  that  number  not  less  than  seven  nor  more  than 
nine  names,  as  Congress  shall  direct,  shall,  in  the  presence  of 
Congress,  be  drawn  out  by  lot ;  and  the  persons  whose  names  shall 
be  so  drawn,  or  any  five  of  them,  shall  be  commissioners  or 
judges,  to  hear  and  finally  determine  the  controversy,  so  always  as 
a  major  part  of  tlie  judges  who  shall  hear  the  cause  shall  agree  in 
the  determination ;  and  if  either  party  shall  neglect  to  attend  at 
the  day  appointed,  without  showing  reasons  which  Congress  shall 
judge  sufficient,  or  being  present,  shall  refuse  to  strike,  the  Con- 
gress shall  proceed  to  nominate  three  persons  out  of  each  State, 
and  tlie  secretary  of  Congress  shall  strike  in  behalf  of  such  party 
absent  or  refusing;  and  the  judgment  and  sentence  of  the  court, 
to  be  appointed  in  the  manner  before  prescribed,  shall  be  final  and 
conclusive ;  and  if  any  of  the  parties  shall  refuse  to  submit  to  the 
authority  of  such  court,  or  to  appear  or  defend  their  claim  or  cause, 
the  court  shall  nevertheless  proceed  to  pronounce  sentence  or 
judgment,  which  shall  in  like  manner  be  final  and  decisive ;  the 
judgment  or  sentence  and  other  proceedings  berng  in  either  case 
transmitted  to  Congress,  and  lodged  among  the  acts  of  Congress 
for  the  security  of  the  parties  concerned ;  provided,  that  every 
commissioner,  before  he  sits  in  judgment,  shall  take  an  oath,  to  be 
administered  by  one  of  the  judges  of  the  supreme  or  superior  court 
of  the  State  where  the  cause  shall  be  tried,  "  well  and  truly  to  hear 
and  determine  the  matter  in  question,  according  to  the  best  of  his 
judgment,  without  favor,  affection,  or  hope  of  reward."  Provided, 
also,  that  no  State  shall  be  deprived  of  territory  for  the  benefit  of 
the  United  States. 

All  controversies  concerning  the  private  right  of  soil  claimed 
under  different  grants  of  two  or  more  States,  M'hose  jurisdictions, 


Articles  of  Confederation  379 

as  they  may  respect  such  lands,  and  the  States  which  passed  such 
grants  are  adjusted,  the  said  grants  or  either  of  them  being  at  the 
same  time  claimed  to  have  originated  antecedent  to  such  settlement 
of  jurisdiction,  shall,  on  the  petition  of  either  party  to  the  Con- 
gress of  the  United  States,  be  finally  determined,  as  near  as  may 
be,  in  the  same  manner  as  is  before  prescribed  for  deciding  dis- 
putes respecting  territorial  jurisdiction  between  different  States. 

The  United  States,  in  Congress  assembled,  shall  also  have  the 
sole  and  exclusive  right  and  power  of  regulating  the  alloy  and 
value  of  coin  struck  by  their  own  authority,  or  by  that  of  the 
respective  States;  fixing  the  standard  of  weights  and  measures 
throughout  the  United  States ;  regulating  the  trade  and  managing 
all  affairs  with  the  Indians,  not  members  of  any  of  the  States ; 
provided  that  tlie  legislative  right  of  any  State,  within  its  own 
limits,  be  not  infringed  or  violated;  establishing  and  regulating 
post-offices  from  one  State  to  another,  throughout  all  the  United 
States,  and  exacting  such  postage  on  the  papers  passing  through 
the  same  as  may  be  requisite  to  defray  the  expenses  of  the  said 
office ;  appointing  all  officers  of  the  land  forces  in  the  service  of 
the  United  States,  excepting  regimental  officers ;  appointing  all  the , 
officers  of  the  naval  forces,  and  commissioning  all  officers  whatever 
in  the  service  of  the  United  States ;  making  rules  for  tlie  govern- 
ment and  regulation  of  the  said  land  and  naval  forces,  and  directing 
their  operations. 

The  United  States,  in  Congress  assembled,  shall  have  authority 
to  appoint  a  committee,  to  sit  in  the  recess  of  Congress,  to  be 
denominated  "  A  Committee  of  the  States,"  and  to  consist  of  one 
delegate  from  each  State,  and  to  appoint  such  other  committees 
and  civil  officers  as  may  be  necessary  for  managing  the  general 
affairs  of  the  United  States  under  their  direction ;  to  appoint  one 
of  their  number  to  preside ;  provided  that  no  person  be  allowed  to 
serve  in  the  office  of  president  more  than  one  year  in  any  term  of 
three  years ;  to  ascertain  the  necessary  sums  of  money  to  be 
raised  for  the  service  of  the  United  States,  and  to  appropriate  and 
apply  the  same  for  defraying  the  public  expenses ;  to  borrow 
money  or  emit  bills  on  the  credit  of  the  United  States,  transmitting 
every  half  year  to  the  respective  States  an  account  of  the  sums  of 
money  so  borrowed  or  emitted;  to  build  and  equip  a  navy;  to 
agree  upon  the  number  of  land  forces,  and  to  make  requisitions 
from  each  State  for  its  quota,. in  proportion  to  the  number  of  white 


880  Appendix  AA 

inhabitants  in  such  State,  which  requisition  shall  be  binding ;  and 
thereupon  the  Legislature  of  each  State  shall  appoint  the  regi- 
mental officers,  raise  the  men,  and  clothe,  arm,  and  equip  them  in  a 
soldier-like  manner,  at  the  expense  of  the  United  States ;  and  the 
officers  and  men  so  clothed,  armed,  and  equipped  shall  march 
to  the  place  appointed,  and  within  the  time  agreed  on  by  the 
United  States,  in  Congress  assembled ;  but  if  the  United  States,  in 
Congress  assembled,  shall,  on  consideration  of  circumstances,  judge 
proper  that  any  State  should  not  raise  men,  or  should  raise  a 
smaller  number  than  its  quota,  and  that  any  other  State  should 
raise  a  greater  number  of  men  thaa  the  quota  thereof,  such  extra 
number  shall  be  raised,  officered,  clothed,  armed,  and  equipped  in 
the  same  manner  as  the  quota  of  such  State,  unless  the  Legis- 
lature of  such  State  shall  judge  that  such  extra  number  can  not  be 
safely  spared  out  of  the  same,  in  which  case  they  shall  raise,  officer, 
clothe,  arm,  and  equip  as  many  of  such  extra  number  as  they 
judge  can  be  safely  spared,  and  the  officers  and  men  so  clothed, 
armed,  and  equipped  shall  march  to  the  place  appointed,  and 
within  the  time  agreed  on  by  the  United  States,  in  Congress  as- 
sembled. 

The  United  States,  in  Congress  assembled,  shall  never  engage  in 
a  war,  nor  grant  letters  of  marque  and  reprisal  in  time  of  peace, 
nor  enter  into  any  treaties  or  alliances,  nor  coin  money,  nor  regu- 
late the  value  thereof,  nor  ascertain  the  sums  and  expenses  neces- 
sary for  the  defense  and  welfare  of  the  United  States,  or  any  of 
them,  nor  emit  bills,  nor  borrow  money  on  the  credit  of  tlie 
United  States,  nor  appropriate  money,  nor  agree  upon  the  number 
of  vessels  of  war  to  be  built  or  purchased,  or  the  number  of  land 
or  sea  forces  to  be  raised,  nor  appoint  a  commander-in-chief  of  the 
army  or  navy,  unless  nine  States  assent  to  the  same,  nor  shall  a 
question  on  any  other  point,  except  for  adjourning  from  day  to  day, 
be  determined,  unless  by  the  votes  of  a  majority  of  the  United 
States,  in  Congress  assembled. 

The  Congress  of  the  United  States  shall  have  power  to  adjourn 
to  any  time  within  the  year,  and  to  any  place  within  the  United 
States,  so  that  no  period  of  adjournment  be  for  a  longer  duration 
than  the  space  of  six  months,  and  shall  publish  the  journal  of  their 
proceedings  monthly,  except  such  parts  thereof  relating  to  treaties, 
alliances,  or  military  operations  as  in  their  judgment  require 
secrecy ;  and  the  yeas  and  nays  of  the  delegates  of  each  State,  on 


Articles  of  Confederation  381 

any  question,  shall  be  entered  on  the  journal  wlien  it  is  desired  by 
any  delegate ;  and  the  delegates  of  a  State,  or  any  of  them,  at  his 
or  their  request,  shall  be  furnished  with  a  transcript  of  the  said 
journal  except  sucli  parts  as  are  above  excepted,  to  lay  before  the 
Legislatures  of  the  several  States. 

Art.  X. — The  Committee  of  the  States,  or  any  nine  of  them, 
shall  be  authorized  to  execute,  in  the  recess  of  Congress,  such  of 
the  powers  of  Congress  as  the  United  States,  in  Congress  assembled, 
by  the  consent  of  nine  States,  shall,  from  time  to  time,  think  ex- 
pedient to  vest  them  with;  provided  that  no  power  be  delegated  to 
the  said  Committee,  for  the  exercise  of  which,  by  the  Articles  of 
Confederation,  the  voice  of  nine  States  in  the  Congress  of  the 
United  States  assembled  is  requisite. 

Art.  XI.— Canada,  acceding  to  this  Confederation,  and  joining 
in  the  measures  of  the  United  States  shall  be  admitted  into,  and 
entitled  to  all  the  advantages  of  this  Union ;  but  no  other  colony 
shall  be  admitted  into  the  same,  unless  such  admission  be  agreed 
to  by  nine  States. 

Art.  XII. — All  bills  of  credit  emitted,  moneys  borrowed,  and 
debts  contracted  by  or  under  the  authority  of  Congress,  before  the 
assembling  of  the  United  States,  in  pursuance  of  the  present  Con- 
federation, shall  be  deemed  and  considered  as  a  charge  against  the 
United  States,  for  payment  and  satisfaction  whereof  the  said 
United  States  and  the  public  faith  are  hereby  solemnly  pledged. 

Art.  XIII. — Every  State  shall  abide  by  the  determinations  of 
the  United  States,  in  Congress  assembled,  on  all  questions  which 
by  this  Confederation  are  submitted  to  them.  And  the  Articles  of 
this  Confederation  shall  be  inviolably  observed  by  every  State, 
and  the  Union  shall  be  perpetual ;  nor  shall  any  alteration  at  any 
time  hereafter  be  made  in  any  of  them,  unless  such  alteration  be 
agreed  to  in  a  Congress  of  the  United  States,  and  be  afterwards 
confirmed  by  the  Legislatures  of  every  State. 

And  whereas  it  hath  pleased  the  great  Governor  of  the  world  to 
incline  the  hearts  of  the  Legislatures  we  respectively  represent  in 
Congress  to  approve  of,  and  to  authorize  us  to  ratify,  the  said 
Articles  of  Confederation  and  perpetual  Union,  know  ye,  that  we, 
the  undersigned  delegates,  by  virtue  of  the  power  and  authority  to 
us  given  for  that  purpose,  do,  by  these  presents,  in  the  name  and  in 
behalf  of  our  respective  constituents,  fully  and  entirely  ratify  and 
confirm  each  and  every  of  the  said  Articles  of  Confederation  and 


382  Appendix  AA 

perpetual  Union,  and  all  and  singular  the  matters  and  things  therein 
contained.  And  we  do  further  solemnly  plight  and  engage  the 
faith  of  our  respective  constituents,  that  they  shall  abide  by  the 
determinations  of  the  United  States,  in  Congress  assembled,  on  all 
questions  which  by  the  said  Confederation  are  submitted  to  them ; 
and  that  the  Articles  thereof  shall  be  inviolably  observed  by  the 
States  we  respectively  represent,  and  that  the  Union  shall  be  per- 
petual. In  witness  whereof,  we  have  hereunto  set  our  hands  in 
Congress.  Done  at  Philadelphia,  in  the  State  of  Pennsylvania,  the 
ninth  day  of  July,  in  the  year  of  our  Lord  1778,  and  in  the  third 
year  of  the  Independence  of  America. 


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APPENDIX   0 


BEFEKENCE  BOOKS 

The  books  named  in  the  lists  that  follow  have  been  used  in  the 
preparation  of  this  volume.  Those  marked  (*)  are  especiaiiy 
recommended  for  high  schools. 

Original  Sources 

^American  History  Leaflets.     Lovell. 

*Hart,  American  History  Told  by  Contemporaries      Macmillan. 

Elliot,  Debates,  5  volumes. 

♦The  Federalist.     Scott,  Foresman  &  Co. 

♦Madison,    Journal    of    the    Constitutional    Convention.     Scott, 

Foresman  &  Co. 
♦Old  South  Leaflets.     Heath. 

PUBLICATIOXS  OF  THE  GOVERNMENT  PRINTING  OfFICE,  WASHINGTON 

^Abridgment  of  the  President's  Message  and  Accompanying  Doc- 
uments. 
Bulletins  of  the  Bureau  of  American  Republics. 
*Civil  Service  Commission,  Annual  Reports. 
*Commissioner  of  Labor,  Annual  and  Special  Reports. 
♦Commissioner  of  Education,  Annual  Reports. 
*Congressional  Directory. 
^Congressional  Record. 
Consular  Reports. 
Donaldson,  Public  Domain. 
♦Finance  Reports.     (Secretary  of  the  Treasury.) 
♦Interstate  Commerce  Commission,  Annual  Reports. 
♦Manual  and  Digest  of  the  House  of  Representatives. 
♦Public  Debt  Statement. 
*  Statistical  Abstract. 

384 


Reference  Books  385 

Special  Publications  (not  by  the  Government) 

International  Prison  Conference  Keports. 

Proceedings  of  the  National  Conference  of  Charities  and  Correc- 
tions. 

General  Works 

♦Alton,  Among  the  Law  Makers.     Scribner. 

Andrews,  An  Honest  Dollar.     Hartford  Student  Pub.  Co. 

*Andrews,  History  of  the  Last  Quarter  Century.     Scribner. 

Bagehot,  The  English  Constitution.     Appleton. 

*Bancroft,  History  of  the  United  States.     Appleton. 

*Bliss,  Encyclopedia  of  Social  Reform.     Funk  &  Wagnalls  Co. 

Boone,  Education  in  the  United  States.     Appleton. 

Brooks,  How  the  Republic  is  Governed.     Scribner. 

♦Bryce,  American  Commonwealth,     Macmillan. 

Bullock,  Introduction  to  the  Study  of  Economics.     Silver,  Bur- 

dett  &  Co. 
♦Burgess,  The  Middle  Period.     Scribner. 

♦Channing,  A  Student's  History  of  the  United  States.    Macmillan. 
Cooley,  Constitutional  Limitations.     Little,  Brown  &  Co. 
*Cooley,  Principles  of  Constitutional  Law.     Little,  Brown  &  Co. 
*Curtis,  The  United  States  and  Foreign  Powers.     Scribner. 
♦Clow,  Introduction   to  the  Study  of  Commerce.      Silver,  Bur- 

dett    &  Co. 
Commons,  Proportional  Representation.     Crowell. 
*Conkling,  City  Government  in  the  United  States.     Appleton. 
*Dole,  Talks  About  Law.     Houghton,  Mifflin  &  Co. 
Devlin,  Municipal  Reform  in  the  United  States.     Putnam. 
Earle,  Child  Life  in  Colonial  Days.     Macmillan. 
Earle,  Curious  Punishments   of  By-gone  Days.     H.  E.  Stone  & 

Co. 
fily,  Problems  of  To-day.     Crowell. 
*Ely,  Outlines  of  Economics.     Macmillan. 
Ely,  Trusts  and  Monopolies.     Macmillan. 
Ely,  Taxation  in  American  States  and  Cities.     Crowell. 
Fisher,  S.  G.,  The  Evolution  of  the  Constitution  of  the  United 

States.     Lippincott. 
♦Fisher,  The  Colonial  Era.     Scribner. 

*Fiske,  Beginnings  of  New  England.     Houghton,  Mifflin  «&  Co. 
Fiske,  Old  Virginia  and  Her  Neighbors.     Houghton,  Mifflin  &  Co. 


386  Appendix  G 

*Fi8ke,  American  Revolution.     Houghton,  Mifilin  &  Co. 

*Fi8ke,  Critical  Period  of  American  History.  Houghton,  Mifflin 
&Co. 

*riske,  Civil  Government  in  the  United  States.  Houghton, 
Mifflin  &  Co. 

FoUett,  The  Speaker.     Longmans. 

Frothingham,  Rise  of  the  Republic.     Little,  Brown  &  Co. 

Godkin,  Problems  of  Democracy.     Scribner. 

Goodnow,  Municipal  Problems.     Macmillan. 

Grinnell,  The  Indians  of  To-day.     Stone. 

♦Harrison,  This  Country  of  Ours.     Scribner. 

Hart,  Essays  on  American  Government.     Longmans,  Green  &  Co. 

*Hart,  Formation  of  the  Union.     Longmans,  Green  &  Co. 

Hinsdale,  The  Old  Northwest.     Silver,  Burdett  &  Co. 

♦Hinsdale,  The  American  Government.    Werner  School  Book  Co. 

Hitchcock,  American  State  Constitutions.     Putnam. 

*Hosmer,  Samuel  Adams.  American  Statesmen  Series.  Hough- 
ton, Mifflin  &  Co. 

Howe,  Taxation  and  Taxes  in  the  United  States  Under  the  In- 
ternal Revenue  System.     Crowell. 

Jenks,  The  Trust  Problem.     McClure,  Phillips  «&  Co. 

*Johnston,  American  Politics.     Holt. 

Knox,  United  States  Notes.     Scribner. 

Laughlin,  Elements  of  Political  Economy.     Appleton. 

Lawrence,  The  Principles  of  International  Law.     Heath. 

♦Lodge,  Alexander  Hamilton.  American  Statesmen  Series. 
Houghton,  Mifflin  &  Co. 

*Macy,  Our  Government.     Ginn. 

♦Magruder,  John  Marshall.  American  Statesmen  Series.  Hough- 
ton, Mifflin  &  Co. 

McConachie,  Congressional  Committees.     Crowell. 

♦McMaster,  History  of  the  People  of  the  United  States.  Appleton. 

*McLaughlin,  History  of  the  American  Nation.     Appleton. 

Municipal  Program,  A.     Macmillan. 

*Newspaper  Almanacs. 

♦Noyes,  Thirty  Years  of  American  Finance  (1865-1896).  Put- 
nam. 

Plehn,  Introduction  to  Public  Finance.     Macmillan. 

Remsen,  Primary  Elections.     Putnam. 

Riis,  How  the  Other  Half  Lives.     Scribner. 

Robinson,  Elementary  Law      Little,  Brown  &  Co. 


Reference  Books  387 

*Schouler,  History  of  the  United  States.     Dodd,  Mead  &  Co. 

Seligman,  Essays  on  Taxation.     Macmillan. 

Shaw,  Municipal  Government  in  Continental  Europe.  The  Cen- 
tury Co. 

Shaw,  Municipal  Government  in  Great  Britain.     The  Century  Co. 

*Sloane,  The  French  War  and  the  Revolution.     Scribner. 

Sparling,  Municipal  History  and  Present  Organization  of  the  City 
of  Chicago.     Bulletin  23,  University  of  Wisconsin. 

Stanwood,  History  of  Presidential  Elections.  Houghton,  Mifflin 
&  Co. 

Stearns,  Columbian  History  of  Education  in  Wisconsin. 

Story,  Commentaries  on  the  Constitution. 

Stevens,  Sources  of  the  Constitution  of  the  United  States.  Mac- 
millan, 

Taussig,  The  Silver  Situation  in  the  United  States.     Putnam. 

*Taussig,  Tariff  History  of  the  United  States.     Putnam. 

Thwaites,  The  Colonies.     Longmans,  Green  &  Co. 

Tolman,  Municipal  Reform  Movements.     Revell. 

Tyler,  Patrick  Henry.  American  Statesmen  Series.  Houghton, 
Mifflin  &  Co. 

Walker,  Political  Economy.     Holt 

*Walker,  The  Making  of  the  Nation.     Scribner. 

Watson,  History  of  American  Coinage.     Putnam. 

Warner,  American  Charities.     Crowell. 

White,  Money  and  Banking.     Ginn. 

*Wilcox,  The  Study  of  City  Government.     Macmillan. 

♦Wilson,  The  State.     Heath. 

*Wil8on,  Congressional  Government.     Houghton,  Mifflin  &  Co. 

*  Wilson,  Division  and  Reunion.     Longmans,  Green  &  Co. 

Wines  and  Koren,  The  Liquor  Problem  in  its  Legislative  Aspects. 
Houghton,  Mifflin  «&  Co. 

Wright,  Industrial  Evolution  of  the  United  States.  Flood  &  Vin- 
cent. 

*Wri§ht,  Practical  Sociology.     Longmans,  Green  &  Co. 


INDEX 


Administrative  departments, 

city,  28-30 
Administrative  officers,  State,  20 
Agriculture,  Department   of,  297- 

298 
Agricultural  colleges,  96 
Alaska,  320 

Albany  Congress,  114,  120 
Alexandria  Conference,  123 
Amendments  to  the  Constitution, 

chap.  29 
Annapolis  Convention,  123-124 
Annapolis  Naval  Academy,  302 
Appeals,  73 
Appointment,    President's    power 

of,  273-275 
Apportionment     of     Representa- 
tives, 142-146 
Appropriation  of  money,  67 
Appropriations  by  Congress,  195 
Arbitration,  labor,  77,  109 
Arbitration,  international,  355-357 
Army  of  the  United  States,  235, 

236,  241 
Arrest,  71 
Articles  of  Confederation,  117,  119, 

122, 182,  193 
Assay  offices,  206 
Assessment,  60 
Attainder,  bill  of,  244 
Auditing  accounts,  67 
Australian  ballot  system,  50-51,  56 

Bail,  71 

Ballot,  50-51 

Bank,  see  National  Banks 

Bankruptcy  laws,  224-225 

Bills  in  Congress,  chap.  16 

Bill  of  Rights,  State,  11 

Bimetallism,  208,  220-221 

Bland  Act,  211 

Bonded  warehouse,  184 

Bonds,  National,  191-193,  195,  216 

Bonds,  official,  23 

Bullion,  206 


Cabinet,  chap,  25 

Cabinet  system  of  government- 
178-180,  181 

Calendars  in  Congress,  169 

Canvass,  51-52 

Capital,  location  of,  238-239,  242 

Caucus,  52 

Census  of  the  United  States,  144- 
145,  157 

Charitable  institutions,  chap.  8 

Charters  of  cities,  27-31 

Chicago,  42 

Chicago  riots,  317,  318 

Chinese  exclusion,  204 

Church  property,  taxation  of,  69 

Circuit  Courts  of  the  United  States, 
304-305 

Cities,  European,  43-44,  46 

Cities,  growth  of,  34,  42-43,  46 

Citizen's  duty,  57,  59 

Citizenship,  222-224 

City  government,  chap.  4. 

Civic  spirit,  40-41 

Civil  cases,  70 

Civil  Service  Reform  in  cities,  32- 
33,  46;  National,  276-279,  281- 
282 

Coins  and  coinage,  chap.  19 

Colonial  governments,  9-10 

Colonial  relations,  112,  120 

Colonies  made  States,  117 

Commissioner  type  of  local  govern- 
ment, 5-6 

Committee  system  in  State  legis- 
latures, 82 ;  in  Congress,  chap. 
16 

Committee  of  the  Whole,  171 

Committee,  National,  253-254 

Committee  on  Rules,  175 

Committees  of  Correspondence, 
121 

Commerce,  foreign,  197-199  ;  inter- 
state, 199-204 

Commerce,  power  of  Congress 
over,  chap.  18 


389 


390 


Index 


Common  carriers,  100-101 

Common  law,  109 

Conciliation,  77 

Confederation,  Articles  of,  see  Ar- 
ticles of  Confederation 

Confederation,  between  1690  and 
1754,  113-114,  120 

Conference  committees,  173 

Congress,     Continental,     115-116 
under    the    Constitution,   chap 
14 ;     procedure    in,    chap.     16 
powers   of,    chap.    18 ;    sessions 
of,  154-156;  special  sessions,  280 

Connecticut  compromise,  128-129 

Connecticut  constitution,  113,  120 

Constitution  of  U.  S.,  Appendix 
A ;  amendments  of,  chap.  29 ; 
amendment  by  usage,  260,  270  ; 
construction  of,  239-241 ;  origin 
of,  134-136 ;  ratification,  lol- 
133 ;  signers,  131 

Constitutional  convention  (1787), 
chap.  13;  delegates  to,  124-125; 
compromises,  129-131 ;  Madi- 
son's Journal,  126 

Constitutions  (State),  10-11 

Consuls,  286-287,  300-301 

Contracts,  obligation  of,  246 

Conventions,  political,  53 

Conventions,  National,  252-256 

Conventions,  State  constitutional, 
10-11 

Copyright,  229-231 

Corporation  taxes,  65,  69 

Corrupt  practices  acts,  56 

Council,  city,  27 

County  type  of  local  government,  3 

Criminal  cases,  70 

Cuba,  323-324 

Custom  houses,  183 


Debts  of  cities,  34,  68 ;  of  the 
Confederation,  345  ;  of  U.  S., 
191-193,  195 

Declaration  of  Independence,  116- 
117,  121 

Defectives,  82 

Deficiency  bill,  194 

Delinquent  taxes,  62 

Departments,  executive,  chap.  25 

Dependent  children,  80 

Diplomatic  bureaus,  285-286 

Direct  legislation,  14-15,  18 

Direct  nomination,  56 

Discrimination  by  railroads,  201 

Dispensary  system,  104,  199 

District  of  Columbia,  239 

District  courts  of  the  U.  S.,  304 

Duties,  customs,  182-185 


Educational  systems,  chap.  9 
Eight-hour  laws,  107-108 
Elections,  chap.  5 
Electoral  Commission,  261-262 
Electors,  Presidential,  250-252, 25& 

264,  269 
Eminent  domain,  310,  312 
Equalization  of  taxes.  61 
European  cities,  43-44,  46 
Executive  departments,  chap.  25 
Exemptions  from  taxation,  62 
Expenditures,  National,  190-191 
Ex  post  facto  laws,  245 
Extradition,  316 

Federalist,  The,  133 

Feeble-minded  persons,  83 

Fees,  official,  28,  66 

Felony,  233 

Filibustering,  176 

Finances,   city,   33-35 ;    National, 

chap.  17 ;  public,  chap.  6 
Foreign  population  of  cities,  41 
Franchise  taxes,  65,  69 
Franchises.  37-39,  46 
Franklin,  Benjamin,  131 ;  plan  of 

Union,  114 
Free  coinage,  207-208 
Free  delivery  of  mail,  228 
Fugitive  Slaves,  315 

Gerrymander,  12,  153-154,  157 
Gladstone,  William  E.,  134 
Gold  certificates,  215 
Governors  of  States,  19-20 
Grand  jury,  71,  310-311 

Habeas  Corpus,  244 

Hague,  Peace  Conference,  355-357 

Hamilton,  Alexander,  127 

Hawaii,  323 

Health,  public,  98-99, 105 

High  license,  104 

Home  rule  for  cities,  35,  46 

Homestead  law,  333 

House  of  Representatives,  140,  147 

Illiteracy,  92 

Immigration  law,  198-199,  205 

Impeachment,  158,  160 

Implied  powers  of  Congress,  239- 
241,  242 

Inauguration  of  President,  268-270 

Income  taxes,  State,  65-66,  G9  ;  Na- 
tional, 188-189, 194 

Independents  in  politics,  56 

Indeterminate  sentence,  34 

Indian  Territory,  320-321 

Indians,  144, 296, 329  note,  334, 335 


Index 


891 


Indictment,  71 
Industrial  eduteation,  110 
Inheritance  taxed,  65-66,  69 
Initiative,  15,  18 
Injunctions,  109,  110 
Insane  persons,  182-183 
Insurance,  compulsory,  88,  111 
Interior,  department  of,  295 
Internal  impro-voments,  242 
Internal  revenue  system,  185-186 
International  arbitration,  355-357 
International  law,  chap.  32 
Interstate  commerce,  199-204 
Interstate  commerce  law,  201 ;  coili^ 
missioner,  202 

Judgment  op  the  court,  73 
Judicial  trials,  chap.  7 
Judiciary,  city,  28  ;  National,  chap. 

26;  State,  21-22 
Jurisdiction  of  U.    S.  courts,  306- 

309 
Justice,  department  of,  293-294 
Jury,  grand,  71,  310-311 ;  petit,  72 
Jury  system,  75-76,  77  ;  trial,  72, 309 

Labor  bureaus,  109 ;  department 
of,  298 ;  legislation,  chap.  11 

Land  of  the  U.  S.,  332-334,  335- 
336  ;  grants  of,  94-96,  97 

Legacy  taxes,  189 

Legal  tender,  definition,  207 

"  Legal  tenders,"  212-214,  242 

Legislatures,  11-12,  17, 35 ;  restric- 
tions upon,  12-13 

Licensed  employments,  101-102 

Licenses,  66 

Liquor  laws,  102-103,  105-106 

Local  option,  103-104 

Lynch  law,  76-77 

Machine  politics,  55 

Madison's  Journal  of  Constitution- 
al Convention,  126 

Mail  matter,  classes,  226-227 

Marque,  letters  of,  246 

Marshall,  John,  314,  325 

Mayor,  27,  30-31 

Message,  President's,  280 

Military  powers  of  Congress,  233- 
288,  271,  291 

Militia,  70,  237-238 

Mints,  206 

Money  of  the  U.  S. ,  chap.  19 

Mortgages,  taxation  of,  69 

Municipal  art,  47  ;  functions,  36  ; 
government,  chap.  4 ;  ownership 
37-39,  46 


National  banks,  217-219 

Natural  monopolies,  36 

Naturalization,  2S2-224 

Navigation  laws,  198 

Navy,  Department  of,  293 ;  of  the 
U.  S.,  236-237,  242 

Neutral  nations,  rights  of,  353-354 

New  England  colonies,  1-3 ;  con- 
federation, 113,  120 

New  Jersey  Plan,  127-129 

New  York  City,  33-35 

Nobility,  titles  of,  245 

Nomination  system,  52  ff. 

Non-partisan  boards,  30 

Northwest  Territory,  319,  334 

Oath  of  office,  23,  268,  345 
Ordinance  of  1787,  319,  334 
Original  package  case,  199 

Pardons,  272 

Parish,  3 

Patents,  231-232,  241 

Parliament  of  England,  178-180 

Party  government,  chap.  5 

Party  politics  in  city  government, 

39-40,  46 
Paupers,  79 
Paving,  46 

Penal  institutions,  chap,  8 
Penn's  Plan  of  Union,  113-114 
Pensions,  295 
Personal  property,  taxation  of,  63, 

64,69 
Philadelphia,  33  note 
Philippines,  government  of,  321 
Pinckney  resolutions,  127 
Piracy,  232 
Plaintiff,  70 
Police,  29 

Police  powers,  chap.  10 
Poll  tax,  66 
Pooling,  201,  204 
Poor  in  cities,  46-47 
Porto  Rico,  government  of,  822- 

323 
Ports  of  entry,  183 
Post    ofl&ce,  department   of,  294 ; 

system,  225-229,  241,  294 
Preamble  to  the  Constitution,  135- 

136 
Preliminary  examination,  72 
Presentment,  72 
President  of  U.  S.,  chaps.  23-25 ; 

election  of,  chap.  23 
Presidential  succession,  265-266 
Primaries,  52 
Primary  reform,  56 


392 


Index 


Prison  labor,  85-86,  87 

Prisons,  83-84 

Privateers,  284 

Prohibition,  103 

Property  tax,  see  Taxation 

Proportional  representation,  13-14, 

18 
Public  debt,  statement,  192-193 
Public  lands,  chap.  28 
Puritans,  2 

Quorum  in  Congress,  160-162, 
176 

Railroads      and      interstate 

commerce,  200-204 
Real  estate,  63 
Reed,  Speaker,  176, 180 
Referendum,  15,  18 
Reform  movements,  40-42,  47 
Reformatories,  84,  86 
Refunding  of  bonds,  192 
Registration,  49-50 
Relief,  out-door,  79-80 ;  in-door,  80 
Repeating,  49 

Representative  government,  13 
Representatives,  apportionment  of, 

142-146;    election    of,   152-154; 

qualifications  of,  141 
Reprieve,  272 
Resumption  of  specie   payments, 

213-214 
Revenue  bills  in  Congress,  190 
Riders  to  appropriation  bills,  194 
Roads,  25 

Rotation  in  office,  276 
Rural  delivery  of  mail,  228-229 

Salaries  of  Congressmen,  164 

Samoan  Islands,  323 

Sanitation,  98-99 ;  in  cities,  46 

School  revenues,  93-94 

Schools,  city,  47,  91 ;  district,  88  ; 
colonial,  97 ;  supervision,  89  £F. 

Selectmen,  2 

Senate  of  U.  S.,  147,  157,  177 

Senatorial  courtesy,  275 

Senators,  qualifications  of,  149-150 ; 
election  of,  151-152 

Sherman  Act,  211 

Ship  subsidies,  204 

Silver  certificates,  215 

Slave  trade,  243-244 

Slavery  compromises,  129-131 

Smuggling,  184 

Special  assessments,  67 

Speaker  of  the  House  of  Repre- 
sentatives, 146,  175-176,  181 

Spoils  system,  30,  27^-277 


Stamp  act,  114-115,  121 

Stamp  Act  Congress,  114-115, 121 

Star  routes,  229 

State,  Department  of,  285-287 

State  sovereignty,  350 

States,  government,  chaps.  2,  3 ;  re« 
lations  to  U.  S. ,  chaps.  27,  31 

Streets,  46 

Strikes,  108-109 

Subpoena,  72 

Subsidiary  silver,  211 

Suffrage,  48-49 ;  negro,  141-143 

Sulu  Islands,  322,  335 

Summons,  73 

Superintendent  of  schools,  89-90 

Supervisor  system  of  local  govern- 
ment, 5-6 

Supreme  Court  of  U.  S.,  303 

Survey,  U.  S.  Government,  329-332 

Tariff,  184-185, 194 

Taxation,  chap.  6 ;  of  church  prop- 
erty, 69  ;  of  corporations,  65,  69 ; 
delinquent  taxes,  62 ;  franchise 
taxes,  65,  69  ;  inheritance  taxes, 
65-66,  69  ;  income  taxes,  65 ;  local 
and  State,  66  ff. ;  of  mortgages, 
69 ;  National,  182-191 ;  of  per- 
sonal property,  63-64  ;  poll  tax, 
66 

Taxes,  direct  and  indirect,  187-189 

Territorial  cases,  325-337 

Territorial  delegates,  146 

Territories,  chap.  28 

Territory,  admission  of  327-328; 
western,  329 

Text-book  laws,  92 

Town  type  of  local  government,  2 ; 
township-county  type,  4 

Trade  unions,  108 

Tramp  problem,  81 

Treason,  312,  313 

Treasury,  Department  of,  287-290 

Treasury  notes,  193,  211,  215-217 

Treaties,  272-273 

Trials,  judicial,  chap.  9 

Trusts,  202-204 

Tweed  Ring,  29  note 

Undervaluation,  62-63 
Unemployed  persons,  80-81 
Uniformity  of  State  laws,  15-16 
Union,  steps  leading  to,  chap.  12 
United  States  notes,  212-214 

Vacancies,  in  House  of  Repre- 
sentatives, 146  ;  in  Senate,  148- 
149 

Valuation  of  property,  60 


Index 


393 


Venire,  72 

Verdict,  72 

Vestry,  3 

Veto,  173,  180 

Vice-President  of  U.  S.,  150-151, 

261,  265-266,  267 
Villages,  6 

Virginia  local  government,  3 
Virginia  Plan,  126-129 
Voting,  methods  in  Congress,  170- 

171 


War,  declaration  of,  233-234 ;  De- 
partment of,  291-293 

Weights  and  measures,  standard 
of,  219 

West  Point  Military  Academy, 
292-293.  302 

Whiskey  Rebellion,  186,  194 

Woman  Suffrage,  48,  58 

Writ  of  error,  3 

Yeas  and  Nats,  168 


YB 


31139 


56253 


;)«)o 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 


